35.06.230 Liquidated Damages Presumption

(a) Since in most instances the exact amount of damages caused to the Tribe by a particular violation of this Code will be difficult or impossible to determine, it shall be presumed by the court adjudicating a complaint for violation of this Code that the amount fixed by the schedule of Liquidated Damages represents the damages owed to the Tribe as restitution if the defendant is found to be liable. This presumption may be rebutted by evidence which shows by clear and convincing evidence that the amount indicated by the schedule of Liquidated Damages is so excessive in a particular case as to be punitive, or so inadequate in a particular case as to result in a gross deprivation of adequate restitution. In any case in which the presumption is successfully rebutted, the parties may introduce evidence to prove the actual damages as in any other civil case.

(b) All persons shall be deemed to have consented to the Liquidated Damages provisions of this Code by their entry onto the Reservation, and where applicable, by their signature on a Tribal permit or permits.