First Blush Test
Definition
A test for determining whether an award for punitive damages is excessive. An award fails this test if the award seems shocking and excessive in relation to the breaching party’s conduct.
Now Live on Quimbee Study Aids: AI Instant Feedback gives you coaching on your practice essays in real time, so you can write, get personalized feedback, and revise all in one sitting.
A test for determining whether an award for punitive damages is excessive. An award fails this test if the award seems shocking and excessive in relation to the breaching party’s conduct.