ABSTRACT
This article examines ’cause of action restrictions’ on the jurisdiction to award punitive damages. These are restrictions on the recoverability of punitive damages that are imposed solely by reference to the cause of action in which the claimant sues. The article focuses on the unavailability of punitive damages for equitable wrongs and breach of contract. Equity and contract have been selected for examination because each represents an important part of private law and because introducing punitive damages in these areas is contentious. The article examines the reasons for the disallowance of punitive damages in contract and equity and argues that they are unconvincing. It further explores the benefits of introducing punitive damages in these areas. It is concluded that punitive damages awards should be available for all civil wrongs irrespective of their origin (equity, contract or tort).
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Eleni Katsampouka, ‘Punitive Damages and “Cause of Action Restrictions”’ [2024] Lloyds Maritime and Commercial Law Quarterly 162-187. Accepted/In press 1 February 2024.
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