Contract Law, Punitive Damages Research

Punitive damages of the modern civil law was established in British and American law 200 years ago. The objection and support are mutually intertexture. It becomes one of the most controversy problems in the common law. But we can't deny that punitive damages has become a stable part of the contract law in the countries of common law. Educational circles in countries of civil law hold negative attitude to applying punitive damages in the contract law from the view of maintaining the unity of statute law system. But owing to the reality of the society, the standing point of punitive damages has already loosened."Preface" describes the history background and present condition of punitive damages and the attitude to this system in countries of civil law. It points out the realistic meaning of studying the function, legal theory basis and applying conditions of punitive damages in contract law.The first part discusses the origin and development of punitive damages, pointing out that punitive damages was already conceived in the ancient law. This suits to the logic of the law history. Then it reviews and analyzes punitive damages of the countries of common law in modern times. So we can see that, punitive damages as a substitute of the spirit indemnity from the very beginning has changed to imposing sanctions on and suppressing illegal act The scope of applying punitive damages has become wider and wider, not only in the tort law but also in the contract law. Punitive damages has also great influence on civil law system.Part two deals with the definition, the characteristics, the function and the constitution of punitive damages. The writer thinks mat the definition of the original punitive damages lays emphasis on its punishment regardless of compensation. It is not enough. So the writer brings out a new definition according to his own comprehension. In this part, the writer emphasizes on the characteristics, function and composition and insists that it has the function of compensating, punishing, threatening, stimulating and encouraging market bargaining. Compared with other contract responsibilities, the most important of the compositions of punitive damages is: intention, malice and grievous fault subjectively and great imbalance in benefit between the invader and the victim objectively.