• 2006 - Exemplary or Punitive Damages
  • C-72.00
    • Damages
    • Evidence
    • Exemplary Damages
  • If you find by clear and convincing evidence that the Defendant acted with [oppression] [fraud] [or] [actual malice] as defined in these instructions, then you may, in your discretion, award a reasonable sum as exemplary or punitive damages. These damages are different from the damages awarded to compensate for an injury or loss. These damages permit you to make an example to others or to punish a wrongdoer. If you decide to use your discretion to award a reasonable sum as exemplary or punitive damages, then you must also find by clear and convincing evidence that: 1) the amount awarded bears a reasonable relationship to any harm that is likely to result from the Defendant’s conduct and any harm that actually has occurred; and 2) the amount awarded is consistent with the degree of reprehensibility of the Defendant’s conduct and its duration. [Further, in considering an award of exemplary or punitive damages, you must also consider: 1) the extent to which the Defendant was aware of the conduct or concealed it; 2) the extent to which the Defendant profited from the conduct and whether or not it would be desirable to remove that profit or have the Defendant also sustain a loss; 3) the extent to which the Defendant has already been punished for the same conduct by criminal sanctions.]
    • 32-03.2-11(5)
    • Continental Casualty Co. v. Kinsey, 499 NW2d 574 (ND 1993)
    • Ehrman v. Feist, 1997 ND 180, 568 NW2d 747
    • Napoleon Livestock Auction, Inc. v. Rohrich, 406 NW2d 346 (ND 1987)
    • Stoner v. Nash Finch, Inc., 446 NW2d 747 (ND 1989)
  • Notes: The Court should instruct the Jury with the bracketed language as warranted by the evidence. A specific finding is required.