[Name][Professor][Subject][Date]Watson v . Johnson Mobile Homes , 284 F .3d 568 (5th Circuit , 02 /27 /2002Facts : Watson d an coat for the purchase of mobile home from the defendants . The purchase scratch for a creed diligence and a deposit of 4 ,000 . It was agreed that if the company refused Watson s application the deposit will be refunded but if the application was approved Watson s deposit will be forfeited should she decide not to continue with the purchase . When Watson s application was denied , the salesman informed Watson if she was willing to pay another 3 ,000 as a requirement in view of their poor faith history . The Watsons refused and decided to get their money back . The Watsons family crusade to recover their money but it was not returned to them . Thus , the Watsons d a suit .
The jury found the defendants liable for allow out of contract , fraud and conversion and awarded the Watsons 4 ,000 in unquestionable damages and 700 ,000 in relatiative damagesIssue : 1 ) Is the Watsons were authorise to punitive damages2 ) Is the punitive damages award of 700 ,000 constitutionally excessiveHolding : 1 . Yes because the defendants acted with malevolence in refusing to return the deposit paid by the Watsons2 . No . The punitive damages award in the measurement of 700 ,000 was constitutionally excessiveRationale : The US Court of Appeals said that there atomic number 18 two tests in determining whether punitive damages should be awarded : 1 ) the defenda! nt committed an independent...If you want to get a lavish essay, order it on our website: BestEssayCheap.com
If you want to get a full essay, visit our page: cheap essay
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.