Treble Damages - Explained
What are Treble Damages?
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Table of ContentsTreble Damages DefinitionA Little More on What are Treble DamagesAcademic Research
What are Treble Damages?
Treble damage is a financial or monetary compensation which is awarded by a court to a victorious plaintiff that are thrice the value of damages originally dealt. It also refers to three times the value of compensatory damages. These compensations are awarded on some occasions depending on the agreement or statute that was violated.
How are Treble Damages Used?
These compensations are mostly applied to civil cases which takes place in civil courts. Treble damages can be awarded after a party is found guilty of copyright infringement, patent infringement, intentional counterfeiting (both goods and national currencies), and other violations related to intellectual property. In some cases, plaintiffs are allowed treble damages if demanded, or if the defendant wishes to harm them, as opposed to the original standard of compliance by statute (i.e., fixed to some cases). This concept is generally aimed at deterring others from committing similar crimes and has no backing behind it. A court can also choose to include financial awards to compensatory damages in a civil case. These financial awards are known as general damages. In this case, the plaintiff is usually the requester, but the court is not required to honour the request. They may choose to honour the request, but General damages have been shown to be a hassle to obtain. Courts can also choose to punish perpetrators beyond what is due by inputting extra charges on them. These punishments are termed punitive damages and are mostly done at the discretion of the court. The plaintiff cannot request for such compensation, as it is only awarded in special situations; especially those involving a threat to life.
Academic Research on Treble Damages
- Are Antitrust Treble Damages Really Single Damages, Lande, R. H. (1996). Are Antitrust Treble Damages Really Single Damages. J. Reprints Antitrust L. & Econ., 26, 463.
- Antitrust Enforcement and Economic Efficiency: The Uneasy Case for Treble Damages, Breit, W., & Elzinga, K. G. (1974). Antitrust Enforcement and Economic Efficiency: The Uneasy Case for Treble Damages. The Journal of Law and Economics, 17(2), 329-356.
- Parens Patriae Suits for Treble Damages Under the Antitrust Laws, Malina, M., & Blechman, M. D. (1970). Parens Patriae Suits for Treble Damages Under the Antitrust Laws. Nw. UL Rev., 65, 193.
- Are treble damages neutral? Sequential equilibrium and private antitrust enforcement, Besanko, D., & Spulber, D. F. (1990). Are treble damages neutral? Sequential equilibrium and private antitrust enforcement. The American Economic Review, 80(4), 870.
- Treble Damages for Violations of the Federal Securities Laws: A Suggested Analysis and Application of the RICO Civil Cause of Action, Long, L. C. (1980). Treble Damages for Violations of the Federal Securities Laws: A Suggested Analysis and Application of the RICO Civil Cause of Action. Dick. L. Rev., 85, 201.
- Treble damages and the incentive to sue and settle, Briggs III, H. C., Huryn, K. D., & McBride, M. E. (1996). Treble damages and the incentive to sue and settle. The RAND Journal of Economics, 770-786.
- Treble damages reform: implications of the Georgetown project, Salop, S. C., & White, L. J. (1986). Treble damages reform: implications of the Georgetown project. Antitrust LJ, 55, 73.
- Automatic Treble Damages and the Passing-On Defense: The Hanover Shoe Decision, Pollock, E. E. (1968). Automatic Treble Damages and the Passing-On Defense: The Hanover Shoe Decision. Antitrust Bull., 13, 1183.
- Treble Damages Reform, Hovenkamp, H. (1996). Treble Damages Reform. J. Reprints Antitrust L. & Econ., 26, 435.
- Passing-on Defense and the Right of Remote Purcahsers to Recover Treble Damages under Hanover Shoe, The, McGuire, B. H. (1971). Passing-on Defense and the Right of Remote Purcahsers to Recover Treble Damages under Hanover Shoe, The. U. Pitt. L. Rev., 33, 177.