About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

42 Colum. J. Transnat'l L. 391 (2003-2004)
Punitive Damages: A Comparative Analysis

handle is hein.journals/cjtl42 and id is 399 raw text is: Punitive Damages: A Comparative Analysis JoHN Y. GOTANDA In light of expanding international trade, it is increasingly likely that politicians, courts, and tribunals will wrestle with whether punitive damages are appropriate in transnational disputes, and whether countries that traditionally do not allow exemplary relief should recognize and enforce foreign awards of such damages. By exploring how different systems address these problems, we can gain a deeper understanding of the role of punitive damages in our own legal system and discover a way to better deal with punitive damages issues in the international arena. This Article undertakes a thorough comparative study ofpunitive damages in five common law countries. It examines the laws of Australia, Canada, England, New Zealand, and the United States to determine whether there exists a consensus on the availability of punitive damages. The Article finds that, despite the controversy over their appropriateness, punitive damages are widely available in these countries and claims for such damages have increased in recent years. However, it also finds that there is little consensus about the factors used to determine the amount of punitive damages that should be awarded. Some jurisdictions provide little or no guidance to the judge or jury who sets the award. Others provide a detailed list of factors, and one country even provides damages brackets to guide the decision maker in fixing the amount of punitive damages. The Article concludes that all of the examined countries have taken steps to rein in unreasonably large punitive damages awards. Associate Dean for Research, Professor of Law and Director, J.D./M.B.A. Program, Villanova University School of Law. The author gratefully acknowledges helpful suggestions by Joseph Dellapenna, John Murphy, and Louis Sirico. Thanks are also due to Audrey Sorokach for the valuable research assistance.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most