“One of the most controversial remedies in private law is that of punitive (or exemplary) damages. According to Ernest Weinrib, the remedy is ‘encased in controversy’. Punitive damages are extra-compensatory damages the aim of which is to punish the defendant for his wrongful conduct and to deter him and others from acting similarly in the future. Since Lord Devlin’s landmark speech in Rookes v Barnard [1964] AC 1129 (HL), the remedy has been confined to just three categories of case …” (more)
[James Goudkamp and Eleni Katsampouka, Oxford Business Law Blog, 6 July]
First posted 2017-07-06 07:27:27
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