Punitive Damages - an Experience from Common Law: One Piece of Puzzle in Continental Law Still Missing?
2017
Abstract
In the article, I am presenting present the standard theory of punitive damages and provide some basic arguments in favour of them. I further point out that even though American tort law is quite friendly towards punitive damages, it does nevertheless impose certain limits on the amounts of punitive damages awards.
Then, I turn to Europe and describe the general attitude of selected European legal systems to punitive damages. Finally, I show that the approach of the Czech law of torts with respect to punitive damages is not as restrictive as that of other European countries and does, in fact and to a certain extent, recognise the punitive function of damages