Modern Law Review

*Blackwell Synergy
Volume 70 Issue 6 Page 887-907, November 2007
*The arguments against the award of punitive damages in contracts are well-rehearsed. Most fundamental is the concern that the introduction of punishment into civil law confuses the civil and criminal functions of the law – a judicial usurpation of legislative function that exposes civil litigants to criminal liability without the attendant constitutional and procedural safeguards. In addition, those who support the use of punitive damages in tort but not contract law justify the differential treatment by reference to their distinctive nature and purposes.

*Pey-Woan Lee (2007) Contract Damages, Corrective Justice and Punishment Modern Law Review 70 (6), 887–907. doi:10.1111/j.1468-2230.2007.00669.x
http://www.blackwell-synergy.com/doi/full/10.1111/j.1468-2230.2007.00669.x