What are punitive damages in contract law?

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.

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Complaint for Specific Performance to Enforce Settlement and for...

Palm Beach Florida Complaint for Specific Performance to Enforce Settlement and for Punitive Damages

Name: Palm Beach Florida Complaint for Specific Performance to Enforce Settlement and for Punitive Damages
Brand: US Legal Forms
Rating: 4.59 (334 reviews)

Category:

Civil Actions - Complaints - Settlement Agreements

State:

Multi-State

County:

Palm Beach

Control #:

US-03187BG

Format:

Instant download

Description

A settlement agreement is an agreement to terminate, by means of mutual concessions, a claim which is disputed in good faith. It is an amicable method of settling or resolving bona fide differences or uncertainties and is designed to prevent or put an end to litigation. Public policy favors settlement of litigation. It is well-settled public policy that settlement agreements are highly favored and will be enforced whenever possible.

Courts consider a settlement agreement as a contract, and construction and enforcement of settlement agreements are governed by principles of contract law. Accordingly, a settlement agreement is enforceable if the elements of a contract are present: " An agreement; " Between competent parties; " Based upon the genuine assent of the parties; " Supported by consideration; " Made for a lawful objective; and " In the form required by law.

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How to fill out Palm Beach Florida Complaint For Specific Performance To Enforce Settlement And For Punitive Damages?

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(2) A defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence.

Courts will enforce specific performance only if the underlying contract was fair and equitable. It is up to the plaintiff to demonstrate that the contract was an appropriate one, legal, with each party receiving fair consideration for performance.

The general rule is that punitive damages are not recoverable for breach of contract, irrespective of the motive of the defendant.

Requirements for Specific Performance: Courts will enforce specific performance only if the underlying contract was fair and equitable. It is up to the plaintiff to demonstrate that the contract was an appropriate one, legal, with each party receiving fair consideration for performance.

There are many types of damages for breach of contract that you may receive should a breach occur, these being meted out both to deter parties from breaking contracts and to compensate parties should a contract be broken. The main types of damages are compensatory, liquidation, punitive, nominal, and ordinary damages.

(1) In any civil action, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages.

Florida law provides that no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages. Fla. Stat. § 768.72(1).

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.

Punitive damages are rarely awarded for breach of contract. They arise more often in tort cases, to punish deliberate or reckless misconduct that results in personal harm.

A contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm.

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Court has jurisdiction to enforce the settlement agreement or enter a judgment. 49 in back pay and compensatory damages to its former employee.Palm Beach Metro Transp. Or discovery request may impose a duty to maintain or preserve certain items. Seventh Circuit holds that court can order disgorgement where objectors settle using the rights of the class to benefit them individually. Assist federal agency personnel in administering the discrimination complaint process. 3. SUPERSESSION. Broward, and Palm Beach Counties in South Florida. (Order) to settle and resolve all matters in dispute arising from the conduct alleged in the. Complaint. FINDINGS. 1. Article 10. Enforcement. Successful representation of the Village of North Palm Beach in a two- count complaint seeking injunctive and declaratory relief prohibiting the.

Palm Beach Florida Complaint for Specific Performance to Enforce Settlement and for Punitive Damages

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