Comparative Investigation of Punitive Damage and How to Demand it in England and Iran law

Mehran Sharifimoghadam and Majid Durdian

International Journal of Academic Research in Business and Social Sciences, 2015, vol. 5, issue 11, 278-284

Abstract: Punitive damage is a kind of damage which must be paid by the defendant to the plaintiff for the behavior accompanied with insolence and the bad faith he had in damaging. The origin of this legal body was in common law and especially in England which have been rapidly extended in other countries as wells and it has objectives such as preventing the members of the society from intentional damage. Punitive damage is a strong civil executive guarantee and it cannot be punishment in a particular sense, and this executive guarantee do seer just concern the discussion of civil ciability, rather it is applicable in contract law as well. The amount of punitive damage is determined by the court regarding case status, but something same of laws have restricted court authorities in determining its amount. There are some disparts concerning the capability of insurance ability process, but it must be noted that insuring this kind of damage contrasts to some extent with its objectives.

Keywords: Punitive Damage; Common Law; Consideration; Civil; Performance Bond (search for similar items in EconPapers)
Date: 2015
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