Punitive Damages

What Are Punitive Damages in Tort Law?

Punitive damages are monetary awards granted in addition to compensatory damages, intended to punish the defendant for particularly egregious or malicious conduct and to deter similar behavior in the future.

Quick Definition

Punitive Damages are financial penalties imposed on a defendant to punish and deter wrongful conduct that is deemed especially harmful or intentional. They go beyond mere compensation for the plaintiff's losses.

In Context

Punitive Damages are not commonly awarded and are typically reserved for cases where the defendant's actions are found to be wilfully negligent or malicious. A famous example is the case of Rookes v. Barnard (1964), where the House of Lords outlined the circumstances under which punitive damages could be awarded, such as oppressive or unconstitutional actions by government officials. In exams, understanding when and why punitive damages are applied can help illustrate the distinction between punishment and compensation in tort law.

See Also

• Compensatory Damages

• Exemplary Damages

• Negligence

Learn More

For a deeper understanding of punitive damages, including case law and practical examples, check out our Tort Law Notes.