PUNITIVE DAMAGES

Special and highly exceptional damages ordered by a court against a defendant where the act or omission which caused the suit, was of a particularly heinous, malicious or highhanded nature. Where awarded, they are an exception to the rule that damages are to compensate not to punish. The exact threshold of punitive damages varies from jurisdiction to jurisdiction. In some countries, and in certain circumstances, punitive damages might even be available for breach of contract cases but, again, only for the exceptional cases where the court wants to give a strong message to the community that similar conduct will be severely punished. They are most common in intentional torts such as rape, battery or defamation. Some jurisdictions prefer using the word "exemplary damages" and there is an ongoing legal debate whether there is a distinction to be made between the two and even with the concept of aggravated damages .