Discussion $-$ Contracts, Punitive Damages

Think of a contract as a private set of laws that only apply to the two parties who signed it$.$ Those two parties have determined and agreed to the subject, consideration, timing, duration, etc. for the contract. Generally, the court does not interfere with the parties$$ agreement, except in certain circumstances $($e$.$g$.$ if the subject of the contract violates public policy$).$ When a contract is breached and a lawsuit is filed, the court will generally award compensatory damages that make the non$-$breaching party $$whole$$ again, as if the breach didn$$t happen. The court rarely awards punitive damages that are designed to punish the breaching party.

Read the following article on damages in breach of contract cases.

Remedies for Breach of Contract $$ Judicial Education Center

Read the following two articles$/$cases that include a discussion of punitive damages for breach of contract cases.

COURT UPHOLDS $$200$ MILLION PUNITIVE DAMAGES AWARD

$1$ IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No$.41604$ KARA ALEXANDER, Plaintiff$-$Respondent, and ROBBY ROBINSON, Plaintif $($the Factual and Procedural Background section$)$

Do you think punitive damages should be awarded in breach of contract cases?

If so$,$ discuss why and under what circumstances.

If not, discuss why not, even under circumstances including fraud or malice.