Question

Discuss punitive damages and the legal concept that serves as the foundation for allowing them under the law.

Do you think punitive damages serves the purpose they were created for?

Answer 1

The objective of punitive damages is to punish the defendant for the damages caused to the plaintiff, because of his bad conduct and unethical activities. It is also known as exemplary damage. It is based on the legal philosophy that the interests of the plaintiff and society as a whole can be met by levying damages as punitive measures on the defendant.

The punitive damages are called quasi criminal because of they nature that positions them midway between criminal and civil law. The various bad conducts of defendant over which, punitive measures can be levied are:

• Fraud
• Oppression
• Malice
• Bad Faith
• Violence

Punitive damages were introduced in the year 1763 in England. By 1850, punitive damages were embraced by various legal systems as a way to compensate the plaintiff for the damages done by the defendant.

Punitive damages were framed with the objective to compensate the plaintiff. They were not aimed at correcting the defendant and making the society better. They aim to deter the defendant from doing anything lawful and set an example in the society. In various cases across the world, punitive damages have been able to achieve its objective. However, the intensity of punitive damage may subside if the court lays more importance to the plaintiff’s plight rather than the role and impact of punitive damage. So, it remains a controversial topic of discussion that whether punitive damages have been able to fulfill their objective.