Since the purpose of tort law is to compensate the victim for harm actually done, damages are usually measured by the extent of the injury. Expressed in money terms, these include replacement of property destroyed, compensation for lost wages, reimbursement for medical expenses, and dollars that are supposed to approximate the pain that is suffered. Damages for these injuries are called\u00a0compensatory damages<\/span><\/strong>.<\/p>\r\n\r\n In certain instances, the courts will permit an award of punitive damages<\/span><\/strong>. As the word punitive\u00a0<\/em>implies, the purpose is to punish the defendant\u2019s actions. Because a punitive award (sometimes called exemplary damages) is at odds with the general purpose of tort law, it is allowable only in aggravated situations. The law in most states permits recovery of punitive damages only when the defendant has deliberately committed a wrong with malicious intent or has otherwise done something outrageous.<\/p>\r\n Punitive damages are rarely allowed in negligence cases for that reason. But if someone sets out intentionally and maliciously to hurt another person, punitive damages may well be appropriate. Punitive damages are intended not only to punish the wrongdoer, by exacting an additional and sometimes heavy payment (the exact amount is left to the discretion of jury and judge), but also to deter others from similar conduct. The punitive damage award has been subject to heavy criticism in recent years in cases in which it has been awarded against manufacturers. One fear is that huge damage awards on behalf of a multitude of victims could swiftly bankrupt the defendant.<\/p>\r\n\r\n Since the purpose of tort law is to compensate the victim for harm actually done, damages are usually measured by the extent of the injury. Expressed in money terms, these include replacement of property destroyed, compensation for lost wages, reimbursement for medical expenses, and dollars that are supposed to approximate the pain that is suffered. Damages for these injuries are called\u00a0compensatory damages<\/span><\/strong>.<\/p>\n In certain instances, the courts will permit an award of punitive damages<\/span><\/strong>. As the word punitive\u00a0<\/em>implies, the purpose is to punish the defendant\u2019s actions. Because a punitive award (sometimes called exemplary damages) is at odds with the general purpose of tort law, it is allowable only in aggravated situations. The law in most states permits recovery of punitive damages only when the defendant has deliberately committed a wrong with malicious intent or has otherwise done something outrageous.<\/p>\n Punitive damages are rarely allowed in negligence cases for that reason. But if someone sets out intentionally and maliciously to hurt another person, punitive damages may well be appropriate. Punitive damages are intended not only to punish the wrongdoer, by exacting an additional and sometimes heavy payment (the exact amount is left to the discretion of jury and judge), but also to deter others from similar conduct. The punitive damage award has been subject to heavy criticism in recent years in cases in which it has been awarded against manufacturers. One fear is that huge damage awards on behalf of a multitude of victims could swiftly bankrupt the defendant.<\/p>\n The learning activities for this section include:<\/p>\n Take time to review and reflect on each of these activities in order to improve your performance on the assessment for this section.<\/p>\n\n\t\t\t Punitive Damages<\/h3>\r\n
LEARNING ACTIVITIES<\/h3>\r\nThe learning activities for this section include:\r\n
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What you\u2019ll learn to do:\u00a0distinguish between compensatory damages and punitive damages<\/h2>\n
Compensatory Damages<\/h3>\n
Punitive Damages<\/h3>\n
LEARNING ACTIVITIES<\/h3>\n
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Candela Citations<\/h3>\n\t\t\t\t\t