Principle

APPELLATE PRACTICE – Interference with Award of Damages – Appellate Court Interferes Only for Wrong Principle or Wholly Erroneous Estimate

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Appellate courts defer to trial court's assessment of damages. Interference requires error of principle or manifestly erroneous estimate. The appellant must show that the trial court applied wrong principles or ignored relevant factors. The rule prevents appellate courts from substituting their own discretion. The principle…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.