On Application Of Punitive Damages In Liability For Breach Contract

Punitive Damages is a system which generally accepted by the common law. In the modern concept punitive damages originated from England while developed significantly in American law. It has become an indispensable part of the infringement law in the common law now and plays a significant role in punishing the malicious wrongdoers, deterring the outrageous conducts, protecting the disadvantaged minorities and preserving the social peace. But, since it is born, this system has been one of the most controversial legal systems in the common law. Its scope of application is always the key point of disputes in the academic circles. Is it only suitable for the infringement law, or including contract law? The scholars have the different opinion on this. Recent year, along with the development of the economic, and the change of social environment, the scope of application of punitive damages has expanded. In American law, the punitive damages is widely used in the infringement law and the contract law, even mainly used in the contract law. The expansion of the scope of application of the punitive damages in the contract law, has become the inevitable trend of the application of punitive damages. And it is the noticeable phenomenon in the development of the liability for breach contract.Treating the application of punitive damages in liability for breach contract as the main object to research, this thesis adopts various methods including comparison between two legal systems, legal interpretative analysis and the law and economic analysis, clarifies relevant problems such as the rationality on application of punitive damages in liability for breach contract and its specific application. Furthermore, this thesis also discusses the establishment of punitive damages in liability for breach contract in China' law.This thesis is composed of four chapters. First chapter clarifies the development and the practice of punitive damages; Second chapter analyzes the rationality and the necessity on application of punitive damages in liability for breach contract; Third chapter summarizes the condition and the applicable scope and the algorithm of the application of punitive damages in liability for breach contract; Forth chapter proposes some advices in establishing the punitive damages in liability for breach contract in China' law.