Punitive Damages In The Field Of Contract The Expansion Application

Punitive damages are ancient, and punitive damages as a legal institution in the modern sense since the formation of modern times. Now in punitive damages system originated in England, to grow in the United States, it has now been widely accepted and recognized and has been very widely applicable vast majority of common law countries and some civil law countries. The system is able to effectively play punish and deter wrongdoing, the rights of victims relief to prevent similar acts from happening again, maintain an active role in social justice, etc., with great significance. However, the development system of punitive damages is not easy, since the date of the generating system of punitive damages, its scope has been highly controversial, and the main point of contention is that the system of punitive damages in addition to the field of tort law applies outside, It can also apply to the field of contract law. The current system of punitive damages in the area of tort law has been generally applicable, but rarely seen in its presence in the field of contract law, even if there is a contractual legal relationship in one or two single law and judicial interpretation of sporadic statute in some provisions with punitive damages of colors, these provisions do play a positive role, to fill the gaps in the area of punitive damages of contract law, but that does not mean the punitive damages system in our contract fieors too simple, rigid, many key issues of punitive damages is not concerned, can not form a complete system of punitive damages system, resulting in the legal system can not do its utmost to take advantage of long-term difficulties, in view of this situation, in order to turn around, punitive damages is necessary to expand its application in the field of contract space, so that the regime of contract law to play its The real value and advantages. Writing intent of this article is to expand in the area of punitive damages to demonstrate Contracts for punitive damages in the field of contract theory applies disorder and conflict to seek a coordinated response, some important theoretical issues of punitive damages system itself, research and analysis for punitive damages in the field of Contract Construction of some specific issues.The full text is divided into four chapters.Contents of the first chapter is the concept of punitive damages system, characteristics, the main function of the three aspects of the basic connotation and institutional system of punitive damages as a system of values discussed.Second chapter is on the conflicts that punitive damages system and the traditional theory of contract law and rethinking critical analysis, aimed at re-understanding of the contradictions and conflicts between the two, seeking to reconcile the path for punitive damages in the area of contract applicable to pave the way, pave the way, so the need for punitive damages in the field below applicable to the contract to play a valuable role.The third chapter is the content of some important theoretical issues set out punitive damages in the field of contract applicable in the process of facing these problems and find countermeasures, demonstration solution, punitive damages were to be applicable in the field of contract of necessity, punitive damages in the choice of contract law applicable legislative mode, punitive damages whether in the field of contract applicable to the contract shall be effective as a precondition for the establishment of three issues are discussed in detail.The fourth chapter is content to punitive compensation system in the Field of Contracts propose specific plans and ideas. This chapter explains the applicable requirements of punitive damages, the applicable scope of the case, the amount of punitive damages is calculated three mechanisms for establishing punitive damages in contract law contractual liability in the field of vision.