Lauree Coci, ‘It’s time exemplary damages were part of the judicial armory in contract’

Abstract:
This article challenges the traditional approach that exemplary damages are unavailable for breach of contract. Given the exceptional nature and infrequent use of the remedy, the principles relating to exemplary damages are often misunderstood. A survey of key arguments in support of the traditional approach reveals that such arguments are, in fact, weak and unpersuasive. This article briefly examines other jurisdictions’ positions on awarding exemplary damages in contract, placing particular emphasis on Supreme Court of Canada jurisprudence, which has employed exemplary damages in this context. Ultimately, this article recommends that exemplary damages be available for, at least, intentional and deliberate breaches of contract in Australia.

Lauree Coci, It’s time exemplary damages were part of the judicial armory in contract. University of Western Australia Law Review, Volume 40, Issue 1 (December 2015).

First posted 2016-02-03 07:17:56

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