Private Law

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