TRESPASS AND INSURANCE 1147 



Exemplary or punitive damages are given to punish the wrong-doer 

 and to act as a deterrent to the commission of hke acts in the future. 

 The amount of actual damage which might be awarded is fairly well 

 fixed by the ordinary rules of law and is always confined to the reasonable 

 cost of restoring the landowner to his former estate and position, but 

 exemplary or punitive damages may be awarded in the sound discretion 

 of the court and for an amount which, in the opinion of the court, will 

 accomplish the result which the court is seeking to accomplish. As a 

 result, exemplary or punitive damages may be in a substantial amount and, 

 having emanated from the mind of a court, it is sometimes difficult to 

 review or obtain a reversal of that portion of the judgment. 



It is a complete defense to the awarding of punitive or exemplary 

 damages if permission is given by the landlord to the geophysical party 

 to enter upon the property and conduct the exploration activities. As 

 a result thereof the geophysical party should be instructed, wherever 

 possible, to contact the landowner or the lessee of the landowner and 

 procure his signature to an instrument, which it is suggested should read 

 about as follows (modified as required by local conditions): 



"The undersigned is conducting geophysical field operations 

 in this vicinity and requests permission to enter upon property, 

 of which we understand you are the owner (or lessee), to conduct 

 such operations.* 



Will you kindly permit us to enter upon the parcel of real 

 property described as : (here insert a description of the property 

 involved). 



In consideration of the granting of this permission on your 

 part we agree to commit no nuisance on your property and to 

 leave your property in the same condition it was in before our 

 entry thereon." 



By use of a written authorization of entry such as this the geophysical 

 party not only avoids the possibility of expensive litigation involving exem- 

 plary or punitive damages but the good-will of the public will be maintained. 

 In most instances the landowner will cooperate in the work on his prop- 

 erty and oftentimes will assist in locating other owners and securing like 

 permissions from them. 



After the exploration work has been completed the field party should 

 be instructed to replace and repair all fences, and, in general, place the 

 property in the same condition it was in before the entry was made. An 

 improperly repaired fence or a gate left open by the exploration party 

 may result in the loss of cattle or other stock, and accidents happening 

 on the highway between vehicles and stray cattle may be directly traceable 



* The purpose of the field work, and such other information as the geophysical 

 company may desire to give, can be explained verbally by the party chief or con- 

 tact man. 



