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[[Exemplary damages|“Exemplary”]], or [[punitive damages|“punitive” damages]] — ''punishing'' a defendant for the contumelious or high-handed ''way'' it wronged a plaintiff — isn’t “contumelious” a great word? — goes ''beyond'' the philosophical aims of a [[contractual remedy]] — to give a fellow what he bargained for — and so | [[Exemplary damages|“Exemplary”]], or [[punitive damages|“punitive” damages]] — ''punishing'' a defendant for the contumelious or high-handed ''way'' it wronged a plaintiff — isn’t “contumelious” a great word? — goes ''beyond'' the philosophical aims of a [[contractual remedy]] — to give a fellow what he bargained for — and so are not available as [[damages]] for [[breach of contract]]. As Lord Atkinson put it, in the great case of {{casenote|Addis|Gramophone}}: | ||
:“In many other cases of [[breach of contract]] there may be circumstances of malice, [[fraud]], defamation, or violence, which would sustain an action of [[tort]] as an alternative remedy to an action for [[breach of contract]]. If one should select the former mode of redress, he may, no doubt, recover [[exemplary damages]], or what is sometimes styled vindictive damages; but if he should choose to seek redress in the form of an action for [[breach of contract]], he lets in all the consequences of that form of action: {{citer|Thorpe|Thorpe|1832|3B.&Ad.|580}}. One of these consequences is, I think, this: that he is to be paid adequate compensation in money for the loss of that which he would have received had his contract been kept, and no more.” | :“In many other cases of [[breach of contract]] there may be circumstances of malice, [[fraud]], defamation, or violence, which would sustain an action of [[tort]] as an alternative remedy to an action for [[breach of contract]]. If one should select the former mode of redress, he may, no doubt, recover [[exemplary damages]], or what is sometimes styled vindictive damages; but if he should choose to seek redress in the form of an action for [[breach of contract]], he lets in all the consequences of that form of action: {{citer|Thorpe|Thorpe|1832|3B.&Ad.|580}}. One of these consequences is, I think, this: that he is to be paid adequate compensation in money for the loss of that which he would have received had his contract been kept, and no more.” | ||
“''Vindictive'' damages”. I mean did you ever hear such a super phrase? How did it not catch on? | |||
The Law Commission, considering the topic some ninety-odd years later, felt the same way: “we recommend that punitive damages should not be available unless the defendant has committed a [[tort]], an [[equitable wrong]], or a civil wrong that arises under a statute, and his conduct showed a ‘deliberate and outrageous disregard of the plaintiff’s rights’. ''We also recommend that [[punitive damages]] should never be available for [[breach of contract]].''”<ref>[http://www.lawcom.gov.uk/app/uploads/2015/04/LC247.pdf Law commission report on different kinds of damages]</ref> | The Law Commission, considering the topic some ninety-odd years later, felt the same way: “we recommend that punitive damages should not be available unless the defendant has committed a [[tort]], an [[equitable wrong]], or a civil wrong that arises under a statute, and his conduct showed a ‘deliberate and outrageous disregard of the plaintiff’s rights’. ''We also recommend that [[punitive damages]] should never be available for [[breach of contract]].''”<ref>[http://www.lawcom.gov.uk/app/uploads/2015/04/LC247.pdf Law commission report on different kinds of damages]</ref> | ||