What is the test for punitive damages in a real estate transaction?
MultiRegion, United States of America
The following excerpt is from Simm v. Bank of Am. (In re Late Fee & Over-Limit Fee Litig.), 741 F.3d 1022 (9th Cir. 2014):
3. Some jurisdictions permit an award of punitive damages for nontortious breach of contract in certain limited circumstances, such as when the breach involves a wanton or malicious violation of a fiduciary duty. See, e.g., Brown v. Coates, 253 F.2d 36, 4041 (D.C.Cir.1958) (holding punitive damages to be appropriate in a case involving a malevolent real-estate agent).
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