| 1923 - 932 페이지
...in its nature such an action, since section 2294 of the Civil Code confines such damages to actions "for the breach of an obligation not arising from...oppression, fraud or malice, express or implied." It may well be doubted whether an action for damages founded upon misrepresentation and deceit, with... | |
| John E. H. Sherry - 1993 - 952 페이지
...punitive damages under Oklahoma law. "Punitive damages are recoverable under Oklahoma law '[i]n any action for the breach of an obligation not arising...defendant has been guilty of oppression, fraud or malice, actual or presumed.' Okla. Stat. tit. 23, § 9. Punitive damages are also recoverable when a defendant... | |
| Gerald Mäsch - 2004 - 512 페이지
...by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages,...of example and by way of punishing the defendant" (Hervorhebung hinzugefügt). 666 Vgl. statt aller Newport v. Fact Concerts, Inc. (1981) 453 US247,... | |
| Thomas Lundmark - 2006 - 204 페이지
...by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages,...of example and by way of punishing the defendant. (b) An employer shall not be liable for damages pursuant to subdivision (a), based upon acts of an... | |
| California. Supreme Court - 1910 - 990 페이지
...held that section 3294 of the Civil Code, providing for the recovery of punitive or exemplary damages in an action for the breach of an obligation not arising...oppression, fraud, or malice, express or implied, is applicable in an action for damages for failure on the part of such an appropriator to furnish water... | |
| Jennifer Eric - 2009 - 244 페이지
...by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages,...of example and by way of punishing the defendant. Defendants to this action: LAPD Hollywood Division, Privilege Nightclub and SEE Entertainment Group,... | |
| California. District Courts of Appeal - 1907 - 758 페이지
...the case was one where punitive damages may be given that the verdict and judgment can he sustained. "in an action for the breach of an obligation not...the defendant has been guilty of oppression, fraud, malice, express or implied, the plaintiff, in addition to the actual damages may recover damages for... | |
| California. Supreme Court - 1906 - 786 페이지
...which malice on the part of defendant appears. Section 3294 of the Civil Code provides that, "In any action for the breach of an obligation not arising...defendant has been guilty of oppression, fraud, or malice, actual or presumed, the jury, in addition to the actual damages, may give damages for the sake of example,... | |
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