Legal Question in Business Law in California
Punitive Damages in Business (Contract) Law
Can punitive damages be an element of contract damages?
Asked on 12/12/00, 7:36 pm
3 Answers from Attorneys
Norman Gregory Fernandez, Esq.
The Law Offices of Norman Gregory Fernandez & Associates
Re: Punitive Damages in Business (Contract) Law
Generally No!!
Answered on 12/13/00, 4:59 am
Christopher Enge
Law Offices of Christopher J. Enge
Re: Punitive Damages in Business (Contract) Law
Generally, no. To get punitive damages in a contract case, you need to prove some independent tort, such as fraud or insurance bad faith. Even then, you have to prove malice, oppression or fraud.
Answered on 12/13/00, 11:49 am
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: Punitive Damages in Business (Contract) Law
Punitive damages are not available for breach of contract claims. However, a lawsuit which alleges a breach of contract may also allege other causes of action which do carry punitive damages.
Answered on 12/13/00, 1:20 pm
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