Law Society of Ontario (LSO) Paralegal Practice Exam

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Aggravated Damages are awarded for which of the following reasons?

Simple breach of contract
Compensating for emotional distress
Injury exacerbated by the defendant's behavior
General lost wages during litigation

The correct answer is: Injury exacerbated by the defendant's behavior

Aggravated damages are intended to compensate a plaintiff for emotional distress or mental suffering that results from a defendant's conduct, particularly when that conduct is particularly egregious or insensitive. This type of damage goes beyond mere compensation for the actual loss suffered and acknowledges the pain and suffering caused by the circumstances surrounding the injury. When the defendant's actions exacerbate the injury—whether through harassment, humiliation, or intentional misconduct—aggravated damages may be warranted. This approach recognizes that the additional harm inflicted by the defendant's behavior can significantly impact the plaintiff's recovery and overall well-being. In the context of this question, the focus on the behavior of the defendant and how it magnifies the injury aligns perfectly with the purpose of aggravated damages, making it the correct response. This distinguishes it from other options, such as simple breaches of contract, which do not typically involve the same level of emotional harm, or lost wages, which are already addressed through other compensatory damages.