All Topics  
Treble damages

 

   Email Print
   Bookmark   Link






 

Treble damages



 
 
Treble damages, in law
LAW

LAW may refer to:* Anti-tank warfare, e.g. the US Army M72 LAW or the British Army LAW 80*Palestinian Society for the Protection of Human Rights ...
, is a term that indicates that a statute
Statute

A statute is a formal written enactment of a legislative authority that governs a country, state, city, or county. Typically, statutes command or prohibit something, or declare policy....
 permits a court
Court

A court is a body, often a government institution, with the authority to adjudication legal disputes and dispense private law, criminal justice, or administrative law justice in accordance with rules of law....
 to triple the amount of the actual/compensatory damages
Damages

In law, damages refer to the money paid or awarded to a claimant , pursuer or plaintiff following a successful claim in a lawsuit....
 to be awarded to a prevailing plaintiff
Plaintiff

A plaintiff , also known as a claimant or complainant, is the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order ....
, generally in order to punish the losing party for willful conduct. Treble damages are a multiple of, and not an addition to, actual damages. Thus, where a person received an award of $100 for an injury, a court applying treble damages would raise the award to $300.






Discussion
Ask a question about 'Treble damages'
Start a new discussion about 'Treble damages'
Answer questions from other users
Full Discussion Forum



Encyclopedia


Treble damages, in law
LAW

LAW may refer to:* Anti-tank warfare, e.g. the US Army M72 LAW or the British Army LAW 80*Palestinian Society for the Protection of Human Rights ...
, is a term that indicates that a statute
Statute

A statute is a formal written enactment of a legislative authority that governs a country, state, city, or county. Typically, statutes command or prohibit something, or declare policy....
 permits a court
Court

A court is a body, often a government institution, with the authority to adjudication legal disputes and dispense private law, criminal justice, or administrative law justice in accordance with rules of law....
 to triple the amount of the actual/compensatory damages
Damages

In law, damages refer to the money paid or awarded to a claimant , pursuer or plaintiff following a successful claim in a lawsuit....
 to be awarded to a prevailing plaintiff
Plaintiff

A plaintiff , also known as a claimant or complainant, is the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order ....
, generally in order to punish the losing party for willful conduct. Treble damages are a multiple of, and not an addition to, actual damages. Thus, where a person received an award of $100 for an injury, a court applying treble damages would raise the award to $300. The ability to award treble damages is a typical feature in legislation that recognizes the potentially willful nature of the prohibited acts. For example, such damages may be awarded by a court in the United States for willful violation
Willful violation

In the North American law and in US Occupational Safety and Health regulations,willful violation is an "act done voluntarily with eitheran intentional disregard of, or plain indifference to," the requirements of Acts, regulations, statutes or relevant workplace policies....
 of the antitrust
Antitrust

United States antitrust law is the body of laws that prohibits anti-competitive behavior and unfair business practices. Antitrust laws are designed to encourage competition in the marketplace....
 laws, for willful patent infringement
Patent infringement

Patent infringement is the act of utilizing a patented invention without permission from the patent holder. Permission may typically be granted in the form of a licence....
, for trademark
TradeMark

TradeMark is a tall, primarily residential, skyscraper in Charlotte, North Carolina. It was completed in 2007 and has 28 floors. There are 200 hundred residential units....
 counterfeiting, and under the RICO
Racketeer Influenced and Corrupt Organizations Act

The Racketeer Influenced and Corrupt Organizations Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization....
 statute. The idea behind the creation of such damages, also called exemplary damages, is that they will encourage citizens to sue for violations that are harmful to society in general.

The United States Supreme Court determined in Commissioner v. Glenshaw Glass Co.
Commissioner v. Glenshaw Glass Co.

Commissioner v. Glenshaw Glass Co., Case citation , was a case in which the Supreme Court of the United States held that United States Congress, in enacting the income taxation statutes, intended to tax all gain except that which was specifically exempted....
 that, unlike merely compensatory damages, which are exempt from federal income tax
Income tax

An income tax is a tax levied on the financial income of people, corporations, or other legal entities. Various income tax systems exist, with varying degrees of tax incidence....
, such taxes must be paid on the excess amount (the amount that exceeds the actual damages) of treble damages. Furthermore, some foreign governments will assist U.S. citizens in collecting damages, but not treble damage awards, which are considered penal.

See also

  • Punitive damages
    Punitive damages

    Punitive damages are damages not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff....