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" In an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, express or implied, the plaintiff, in addition to the actual damages, may recover damages for the sake of example... "
Reports of Cases Determined in the Supreme Court of the State of California - Page 731
by California. Supreme Court - 1906
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 464

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1986 - 996 pages
...Kerr-McGee's conduct was to be evaluated in determining whether such damages should be awarded: "[T]he jury may give damages for the sake of example and by way of punishment, if the jury finds the defendant or defendants have been guilty of oppression, fraud, or...
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Draft of a Civil Code for the State of New York

New York (State). Commissioners of the Code - Civil law - 1862 - 550 pages
...allowed. Biempiarr § 1503. In all cases of oppression, fraud or malice, actual damages, In . what case* or presumed, the jury, in addition to the actual damages, may give exemplary, or vindictive, damages,1 for example's sake, and by way of punishing the defendant.' ' In...
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The Civil Code of the State of New York: Reported Complete by the ...

New York (State). Commissioners of the Code, New York (State). - Civil law - 1865 - 896 pages
...damages, in what cases allowed. § 1839. In any action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression,...jury, in addition to the actual damages, may give damages1 for the sake of example, and by way of punishing the defendant.2 1 In this the commissioners...
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Revised Laws of the State of California: In Four Codes : Political ..., Volume 2

California, California. Commission to Revise the Laws of California - California - 1871 - 894 pages
...DAMAGE!. , Ill . . . SEC. 3294. In any action for lite breach of an obligaJ oj tion not arising from contract, where the defendant has been guilty of oppression,...for the sake of example, and by way of punishing the delendant. In this tho Commissioners have tnkcn the rule ns now settled in this Slate by the Court...
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The Civil Code of the State of California: As Enacted in 1872, and Amended ...

California - Civil law - 1876 - 622 pages
...damages, in what cases allowed. § 3294. In any action for the breach of an obligatiod not arising from contract, where the defendant has been guilty of oppression,...of example, and by way of punishing the defendant. CHAPTER H. MEASURE OF DAMAGES. AKTICJ.E I. DAMACES roa RREACH or CONTRACT, II. DAMAGES FOR WRONGS,...
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The Civil Code of the State of California: As Enacted in 1872, Amended at ...

California - Civil law - 1876 - 626 pages
...damages, in what cases allowed. § 3294. In any action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression,...addition to the actual damages, may give damages for the nake of example, and by way of punishing the defendant. CHAPTER H. MEASURE OP DAMAGES. ARTICLE I. DAMACES...
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The Civil Code of the State of California: As Enacted in 1872, Amended at ...

California - Civil law - 1876 - 612 pages
...an obligation not arising from contract, where the defendant has been guilty of oppression, frand, or malice, actual or presumed, the jury, in addition to the actual damages, may give damages for the lake of example, and by way of punishing the defendant. CHAPTER II. MEASURE OF DAMAGES. E I. DAMAGES...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 39

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1913 - 676 pages
...22 Pac. 70, under a California statute which provides that exemplary damages may be recovered "when the defendant has been guilty of oppression, fraud, or malice, actual or presumed," it was held by the Supreme Court of California that such damages are not recoverable for merely "gross...
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The Federal Reporter, Volume 44

Law reports, digests, etc - 1891 - 980 pages
...this state: Sec. 1946, Civil Code. "In any action for the bread) of an obligation not arising from contract, where the defendant has been guilty of oppression,...of example, and by way of punishing the defendant." Whatever conflict existed prior to the adoption of this statute on the question of exemplary damages,...
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The Pacific Reporter, Volume 40

Law reports, digests, etc - 1895 - 1140 pages
...intentionally done. Under our statute, in an action for libel, where the defendant has been guilty of malice, actual or presumed, "the Jury, in addition...of example, and by way of punishing the defendant." Civ. Code, § 32У4. The defendant may, however, prove any mitigating circumstances to reduce the amount...
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