Title 23 — Title 23 — Damages
0 chapters · 66 sections in this title.
23 O.S. § 7 Jury may allow interest
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In an action for the breach of an obligation not arising from contract, and in every case of oppression, fraud or malice, interest may be given in the discretion of the jury. R.L. 1910, § 2849.
23 O.S. § 70 Willful holding over real property
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For willfully holding over real property, by a tenant after the end of his term, and after notice to quit has been duly given, and demand of possession made, the measure of damages is double the yearly value of the property, for the time of withholding, in addition to compensatio…
23 O.S. § 71 Forcible exclusion from real property
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For forcibly ejecting or excluding a person from the possession of real property, the measure of damages is three times such a sum as would compensate for the detriment caused to him by the act complained of. R.L. 1910, § 2882.
23 O.S. § 72 Wrongful injuries to timber
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A. For wrongful injuries to timber upon the land of another, or removal thereof, the measure of damages is not less than three (3) times nor more than ten (10) times such a sum as would compensate for the actual detriment, unless: 1. The trespass was casual and involuntary; 2. Co…
23 O.S. § 8 Waiver of interest
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Accepting payment of the whole principal, as such, waives all claim to interest. R.L. 1910, § 2850.
23 O.S. § 9 Repealed by Laws 1995, c. 287, § 4
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23 O.S. § 9 Repealed by Laws 1995, c. 287, § 4
23 O.S. § 9.1 Punitive damages awards by jury
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A. In an action for the breach of an obligation not arising from contract, the jury, in addition to actual damages, may, subject to the provisions and limitations in subsections B, C and D of this section, award punitive damages for the sake of example and by way of punishing the…
23 O.S. § 9.3 Definitions – Payment of damages
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A. As used in this section: 1. “Future damages” means damages that are incurred after the date of judgment for: a. medical, health care, or custodial care services, b. physical pain and mental anguish, disfigurement, or physical impairment, c. loss of consortium, companionship, o…
23 O.S. § 91 Repealed by Laws 1961, p. 181, § 10-102 (Uniform Commercial
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Code, Title 12A, § 10-102).
23 O.S. § 92 Value to buyer or owner
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In estimating damages, except as provided by the two following sections, the value of property to a buyer or owner thereof, deprived of its possession, is deemed to be the price at which he might have bought an equivalent thing, in the market nearest to the place where the proper…
23 O.S. § 93 Peculiar value
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Where certain property has a peculiar value to a person recovering damages for deprivation thereof, or injury thereto, that may be deemed to be its value against one who had notice thereof before incurring a liability to damages in respect thereof, or against a willful wrongdoer.…
23 O.S. § 94 Value of title papers
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For the purpose of estimating damages the value of an instrument in writing is presumed to be equal to that of the property to which it entitles its owner. R.L. 1910, § 2887.
23 O.S. § 95 Exclusive of exemplary damages
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The damages prescribed by this article are exclusive of exemplary damages and interest, except where those are expressly mentioned. R.L. 1910, § 2888.
23 O.S. § 96 Limitation of amount of damages
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Notwithstanding the provisions of this chapter, no person can recover a greater amount in damages for the breach of an obligation, than he could have gained by the full performance thereof on both sides, except in cases where recovery may be for exemplary damages and penal damage…
23 O.S. § 97 Damages must be reasonable
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Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered. R.L. 1910, § 2890.
23 O.S. § 98 Nominal damages
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When a breach of duty has caused no appreciable detriment to the party affected, he may yet recover nominal damages. R.L. 1910, § 2891.