Punitive damages

Punitive damages (termed exemplary damages in the United Kingdom) are damages not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff.

Punitive damages are often awarded where compensatory damages are deemed an inadequate remedy. They may be rationalized as preventing under-compensation of plaintiffs, allowing redress for undetectable torts and taking some strain away from the criminal justice system.

Because they usually compensate the plaintiff in excess of the plaintiff's provable injuries, punitive damages are awarded only in special cases, usually under tort law, where the defendant's conduct was egregiously invidious. Punitive damages cannot generally be awarded in contract disputes.