Exemplary Damages

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  1. The jury may, in proper cases, give exemplary damages in favor of either party.
  2. In all cases where the plaintiff fails to prosecute the suit with effect, the jury may make such valuation as will be likely to effect a return of the property to the defendant, if the character of the property is such as to make the return of the specific property important.

Code 1858, § 3391; Shan., § 5146; Code 1932, § 9301; T.C.A. (orig. ed.), § 23-2321.

Compiler's Notes. This section may be partially superseded by the 1973 amendment to §29-30-201 and the enactment of part 1 of this chapter, which revised the law on recovery of personal property.

Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Recovery of Personal Property, § 22.

Law Reviews.

Punitive Damages in Tennessee (John H. Peay), 27 Tenn. L. Rev. 381.

Remedies Under the Tennessee Commercial Code (John A. Walker, Jr.), 30 Vand. L. Rev. 1197.


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