27-1-220. Punitive damages — when allowed — limitation. (1) Except as otherwise expressly provided by statute and subject to subsection (3), a judge or jury may award, in addition to compensatory damages, punitive damages for the sake of example and for the purpose of punishing a defendant.

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Terms Used In Montana Code 27-1-220

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Statute: A law passed by a legislature.

(2)(a) Unless otherwise expressly provided by statute, punitive damages may not be recovered in any action arising from:

(i)contract; or

(ii)breach of contract.

(b)Subsection (2)(a) does not prohibit recovery of punitive damages in a products liability action or an action arising under 33-18-201.

(3)An award for punitive damages may not exceed $10 million or 3% of a defendant’s net worth, whichever is less. This subsection does not limit punitive damages that may be awarded in class action lawsuits.