Part IV The Substance of Redress, 13 Punitive or Exemplary Damages

Remedies have a reparative effect, providing restitution or money substitutes for injury suffered,1 but they also require that the wrongdoer supply the remedy. The community interest in making whole the injured justifies the remedy, while it is the wrongful nature of the conduct that supplies the reason for making the wrongdoer pay. Apart from risk allocation through strict liability regimes, remedies are generally based on fault, a prerequisite of liability. Decisions imposing liability and affording remedies thus represent moral judgment of wrongdoing, a...