DAMAGES, EXCESSIVE
Legal Term: DAMAGES, EXCESSIVE
Definition: Such damages as are unreasonably great, and not warranted by law. 2. The damages are excessive in the following cases: 1. When they are gre-ater than is demanded by the writ and declaration. 6 Call 85, 7 Wend. 330. 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. 4 Mass. 14, 5 Mass. 435, 6 Halst. 284. 3. But in actions for torts to the person or reputation of the plaintiff, the damages will not be considered excessive unless they are outrageous. 2 A. K. Marsh 365, Hard. 586, 3 Dana, 464, 2 Pick. 113, 7 Pick. 82, 9 John. 45, 10 John. 443, 4 Mass. 1, 9 Pick. 11, 2 Penn. 578. 4. When the damages are excessive, a new trial will be granted on that ground.
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