Restitutionary and Exemplary Damages Revisited
The nature of restitutionary1 and exemplary damages, the relationship between these two problematic categories of damages, as well as the possible ways forward (particularly with regard to the award of exemplary damages in the context of a breach of contract) raise a plethora of issues that could be thoroughly examined only in a book or, at the least, a small monograph. The present article can therefore only adopt a much more modest approach. Our primary task is to raise issues. To be sure, we will attempt some preliminary suggestions and answers whenever relevant. However, in the nature of things, an even close to definitive analysis as well as a set of conclusions would require far more wide-ranging analyses.
Journal of Contract Law
PHANG, Andrew and LEE, Pey Woan.
Restitutionary and Exemplary Damages Revisited. (2003). Journal of Contract Law. 19, (1), 1-39. Research Collection School Of Law.
Available at: http://ink.library.smu.edu.sg/sol_research/691