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On Punitive Damages in Liability of Breach

Author: LiuZhiFang
Tutor: LiXianBo
School: Hunan Normal University
Course: Civil and Commercial Law
Keywords: Liability for Breach of Contract Punitive damages Compensatory damages Legislative proposals
CLC: D923.8
Type: Master's thesis
Year: 2010
Downloads: 169
Quote: 4
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Abstract


Punitive damages system originated in the United Kingdom, followed by a great development in the United States , it is generally considered to be a unique system of common law countries , there are more than two hundred years of history , has become the common law countries in the field of tort and contract a widely used legal remedies , some civil law countries, recent legislation provisions on punitive damages system . As a special field of civil rights remedies , punitive damages system is the best way to make up for the lack of liability for breach of compensatory damages . Liability for breach of punitive damages system is when the defaulting party has a malicious or gross negligence failed to perform or delay in performance of the contract , the judgment defaulting party to pay compensatory damages , the Court also ordered to pay a certain amount of compensation to default They were punished and prevent similar behavior system . States punitive damages compensation system of the extent and scope of historical traditions and different economic conditions , there are also differences . In common law countries , as long as the acts of bad faith or gross negligence others suffered damage , the jury or the judge can exercise discretion to determine general damages and punitive damages . Involving personal injury , product liability , medical malpractice , abuse of executive power , insurance liability and other fields are widely applied in judicial practice . In civil law countries have yet to fully adopt the system of punitive damages , the field of contract law mainly uses the principle of compensatory damages . Punitive damages system specific civil legal remedies function has caused widespread concern in legal circles in China and legislative circles . Establish the necessity and feasibility of the punitive damages system in the field of China 's civil law scholars agree on the legislation , the Law on the Protection of Consumers' Rights and Interests of the People 's Republic of China \113 ) and China 's Supreme People's Court on Application of Laws in the proceedings on the real estate sales contracts disputes interpretation involves punitive damages system is not perfect , but the relevant provisions of the country to deal with the conditions of application of the system of punitive damages , scope of application, the amount of compensation to be clearly defined.

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