Jury Instruction - Breach of Contract - Punitive Damages - Mississippi 2025

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Following a material breach, the innocent party may seek legal help to resolve the issue. Legal remedies may include suing for damages and, in some cases, terminating the contract. Open discussions and mediation can help both parties to resolve the situation before it escalates.
The jury can award punitive damages for however much they determine the defendant should be deterred or punished. California law states punitive damages are awarded when the defendant has been guilty of oppression, fraud, or malice. (Code Civ.
The majority of American jurisdictions do not allow punitive dam- ages for breach of contract unless the breach constitutes an independ- ent tort.
Mississippis punitive damages statute expressly states that punitive damages may be recovered when the conduct of the person who caused the accident demonstrates a reckless disregard for the safety of others. For example, choosing to drive while could be the type of conduct that could lead to punitive damages.
Punitive damages are considered punishment and are typically awarded at the courts discretion when the defendants 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. OGilvie Minors v.
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Compensatory Damages. Compensatory damages compensate the non-breaching party for the actual financial losses suffered as a direct result of the breach of contract. Consequential Damages. Incidental Damages. Punitive Damages. Nominal Damages.
Punitive Damages California courts do not recognize a right to punitive or exemplary damages for breach of contract, unless the breach occurs in connection with an intentional tort.

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