Utah Reprehensibility is a legal concept used in the state of Utah to determine the level of criminal liability of an offender. It is based on the weighing of the gravity of the crime and the culpability of the offender. There are three levels of Utah Reprehensibility: Aggravated Reprehensibility, Serious Reprehensibility, and Lesser Reprehensibility. Aggravated Reprehensibility is the highest level and is used for crimes that involve physical or mental injury, an intent to commit a felony, or a pattern of criminal behavior. Serious Reprehensibility is the second highest level and is used for crimes where the offender acted with extreme recklessness or with a conscious disregard for the safety of others. Lesser Reprehensibility is used for offenses that are less serious and typically involve only minor injuries or property damage.
Utah Reprehensibility
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FAQ
Under Utah law, a landlord who seeks to hold a breaching tenant liable for unpaid rent has an obligation to take commercially reasonable steps to mitigate its losses, which ordinarily means that the landlord must seek to re-let the premises.
What are ?treble damages?? Utah law allows a landlord to collect three times (?treble?) the usual daily rental amount from the day after the expiration of the initial eviction notice until the tenant actually leaves the rental unit. This is the period of ?unlawful detainer?.
Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful. Punitive damages are normally not awarded in the context of a breach of contract claim. See e.g. O'Gilvie Minors v.
In most cases, special damages are the out-of-pocket expenses of a party, including medical costs, lost income, lost earning capacity, and travel expenses.
In Utah, pain and suffering damages belong to a larger group of damages known as "noneconomic damages". Noneconomic damages are intended to be an amount of money that will fairly and adequately compensate an injured party for losses other than economic losses.
The state shall have all rights due a judgment creditor to collect the full amounts of both punitive damage judgments until the judgments are fully satisfied. Neither party is required to pursue collection.
(1) (a) Except as otherwise provided by statute, punitive damages may be awarded only if compensatory or general damages are awarded and it is established by clear and convincing evidence that the acts or omissions of the tortfeasor are the result of willful and malicious or intentionally fraudulent conduct, or conduct