Excessive, Inadequate, Damages

DAMAGES, EXCESSIVE - Such damages as are unreasonably great, and not warranted by law.

The damages are excessive in the following cases: 1. When they are greater than is demanded by the writ and declaration. 2. When they are greater than is authorized by the rules and principles of law, as in the case of actions upon contracts or for torts done to property, the value of which may be ascertained by evidence.

In actions for torts to the person or reputation of the plaintiff, the damages will not be considered excessive unless they are outrageous.

DAMAGES, INADEQUATE - Such as are unreasonably low, and less than is required by law.

Damages are inadequate when the plaintiff sues for a breach of contract and the damages given are less than the amount proved.

In actions for torts, the smallness of damages cannot be considered by the court.

In a proper case, a new trial will be granted on the ground of inadequate damages.
   

This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.