What are "punitive damages" in the context of tort cases?

Study for the Queensland Deputy Law Exam. Utilize flashcards and multiple choice questions with hints and explanations. Prepare effectively and confidently!

Punitive damages are awarded in tort cases specifically to punish the defendant for their wrongful conduct and deter similar behavior in the future. Unlike compensatory damages, which are intended to make the plaintiff whole by covering their actual losses and expenses, punitive damages serve a broader purpose. They are imposed over and above what would typically be needed to compensate the plaintiff for their losses. These damages reflect the court's disapproval of the defendant's actions and are usually awarded in cases where the defendant's conduct was particularly egregious, reckless, or malicious.

The rationale behind punitive damages is to send a strong message that certain behaviors, especially those that are intentional or grossly negligent, will not be tolerated by society. This part of tort law aims to promote public safety and accountability among individuals and businesses. It is essential for plaintiffs and legal practitioners to understand the significant role that punitive damages can play in tort cases, particularly in relation to the nature of the defendant's actions and the desired outcomes for the plaintiff and society at large.

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