Landmark Cases in the Law of Punitive Damages

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This book examines leading cases in the law of punitive damages, selected from a range of jurisdictions decided over 300 years. Private laws most controversial remedy is the award of punitive damages. This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States. Many of the decisions addressed are not only landmarks regarding punitive damages but are among the most important judgments delivered in private law more generally. The essays, which are written by leading scholars from a wide range of jurisdictions, cast new light on the cases covered by examining their historical antecedents and the impact that they have had on the development of the law. The full spectrum of issues regarding punitive damages is addressed including the insurability of punishment, constitutional constraints on the remedys availability and whether the award should be confined to particular types of wrongdoing. The collection will be of interest to all scholars and students of private law. It concentrates on common law cases although civilian perspectives are also offered.

Author Bio

James Goudkamp is Professor of the Law of Obligations at the University of Oxford, UK. Eleni Katsampouka is Fellow and Lecturer in Law at Christs College, Cambridge, UK.