§23-72. Wrongful injuries to timber.
A. For wrongful injuries to timber upon the land of another, or removal thereof, the measure of damages is not less than three (3) times nor more than ten (10) times such a sum as would compensate for the actual detriment, unless: 1. The trespass was casual and involuntary; 2. Committed under the belief that […]
§23-92. Value to buyer or owner.
In estimating damages, except as provided by the two following sections, the value of property to a buyer or owner thereof, deprived of its possession, is deemed to be the price at which he might have bought an equivalent thing, in the market nearest to the place where the property ought to have been put […]
§23-93. Peculiar value.
Where certain property has a peculiar value to a person recovering damages for deprivation thereof, or injury thereto, that may be deemed to be its value against one who had notice thereof before incurring a liability to damages in respect thereof, or against a willful wrongdoer. R.L. 1910, § 2886.
§23-94. Value of title papers.
For the purpose of estimating damages the value of an instrument in writing is presumed to be equal to that of the property to which it entitles its owner. R.L. 1910, § 2887.
§23-95. Exclusive of exemplary damages.
The damages prescribed by this article are exclusive of exemplary damages and interest, except where those are expressly mentioned. R.L. 1910, § 2888.
§23-96. Limitation of amount of damages.
Notwithstanding the provisions of this chapter, no person can recover a greater amount in damages for the breach of an obligation, than he could have gained by the full performance thereof on both sides, except in cases where recovery may be for exemplary damages and penal damages, and in Sections 2871 and 2878. R.L. 1910, […]
§23-97. Damages must be reasonable.
Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered. R.L. 1910, § 2890.
§23-98. Nominal damages.
When a breach of duty has caused no appreciable detriment to the party affected, he may yet recover nominal damages. R.L. 1910, § 2891.
§23-103. Actions asserted in bad faith – Reimbursement by nonprevailing party of costs and fees.
In any action for damages for personal injury except injury resulting in death, or in any action for damages to personal rights the court shall, subsequent to adjudication on the merits and upon motion of the prevailing party, determine whether a claim or defense asserted in the action by a nonprevailing party was asserted in […]
§23-111. Definitions.
As used in this act: 1. “Affiliated person” means a person under common ownership or control of an intended recipient; 2. “Intended recipient” means a person who purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in the ordinary business and that is, or later […]