Should Courts Routinely Award Punitive Damages
Torts are civil wrongs - meaning whether intentional (assault, battery, trespass, etc.) or unintentional (negligence), individuals and/or property has been damaged. Punitive damages are rarely awarded unless the tort is egregious. The rationale is that making the victim whole is the goal. Because torts are inherently wrong, should this judicial policy be changed? In other words, should courts routinely award punitive damages for two possible reasons: 1) to punish the tortfeasor for their actions; and 2) deter those inclined to commit torts with punitive damages?
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