E. Remedies

• Library: Elements of Civil Causes of Action (SCBar) (2021 Ed.)

E. Remedies

Actual and punitive damages⁵³ may be awarded in malicious prosecution actions.⁵⁴ In a case from the 1950s an award of $7,000 actual and $3,000 punitive damages was considered "substantial" but not "so grossly excessive as to indicate that the jury was moved by passion, prejudice, bias or caprice ...".⁵⁵

--------

Notes:

^[53] Punitive damages are now governed by the Fairness in Civil Justice Act of 2011, effective January 1, 2012. S.C. Code §§ 15-32-510, et seq. Under the Act, punitive damages may be considered if compensatory or nominal damages have been awarded, but may be awarded only if the plaintiff proves by clear and convincing evidence that his or her harm was the result of willful, wanton, or reckless conduct by the defendant. S.C. Code §§ 15-32-520(C) & (D). Factors to be considered are set out in the Act. See S.C. Code § 15-32-520(E). The Act also prescribes caps on the amount that may be awarded, S.C...