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punitive damages
Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some portion of the punitive damage award.
Punitive damages are often awarded where compensatory damages are deemed an inadequate remedy. The court may impose them to prevent under-compensation of plaintiffs, to allow redress for undetectable torts and taking some strain away from the criminal justice system.〔See ''Kemezy v. Peters'', 79 F.3d 33 (7th Cir. 1996) (Posner, J.)〕 Punitive damages are most important for violations of the law that are hard to detect.〔''See'' Howard A. Shelanski & J. Gregory Sidak, Antitrust Divestiture in Network Industries, 68 U. CHI. L. REV. 1, 44 (2011), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=265652.〕 However, punitive damages awarded under court systems that recognize them may be difficult to enforce in jurisdictions that do not recognize them. For example, punitive damages awarded to one party in a US case would be difficult to get recognition for in a European court, where punitive damages are most likely to be considered to violate ordre public.〔See (Courts outside U.S. wary of punitive damages ), International Herald Tribune 2008-03-26〕
Because they are usually paid 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 insidious. Punitive damages cannot generally be awarded in contract disputes. The main exception is in insurance bad faith cases in the United States, where the insurer's breach of contract is alleged to be so egregious as to amount to a breach of the "implied covenant of good faith and fair dealing," and is therefore considered to be a ''tort'' cause of action eligible for punitive damages (in excess of the value of the insurance policy).〔The landmark cases that established this tort were ''Comunale v. Traders & General Ins. Co.'', (50 Cal. 2d 654, 328 P.2d 198, 68 A.L.R.2d 883 ) (1958) (third-party liability insurance), and ''Gruenberg v. Aetna Ins. Co.'', (9 Cal. 3d 566, 108 Cal. Rptr. 480, 510 P.2d 1032 ) (1973) (first-party fire insurance).〕
==National applications==
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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