Punitive Law Essay Example | Topics and Well Written Essays - 750 words

punitive Law - Essay ExampleThere are three fundamental ways in which punitive restitution promote justice. Firstly, punitive damages discourage an individual, agency or a company from cutting the corners or dis runing make negligence. Punitive damages provide the concerned parties with adequate incentives that they may utilize to produce such goods and services that are safe for their clients. When the vendors know that there is a possibility of tax write-off of large monetary penalties against the production of defective goods and services, they tend to improve the quality of their work and thus, promote public gumshoe. Secondly, punitive damages encapsulate a rattling important penalization function. Punitive damages tend to hold the individuals, agencies or companies accountable for their acts when they cause harm to individuals in the society either by gross negligence or intentionally. Punishment is essential in order to forbid people from committing the same crime in th e future. Where there is accountability, there is responsibility and peace. Punitive damages impose larger awards upon the guilty in order to make them take the charge seriously and amend their ways accordingly. Thirdly, punitive damages adopt a compensatory function. They play a big role in compensating for the intangible harms. Punitive damages are estimated with a view to providing the incentives that are required to approach the civil suits that are desirable for the society. In the circumstances when compensatory damages are not enough a reward for the promotion of commencement of legal military action by the diseased person, and yet there is great need of admonishing the behavior of the defendant, incentives do the job well. Punitive damages serve the purpose by fair the source of required incentive for the initiation of the action. Justice is thus, indirectly promoted as the people working against the public good are affected. Punitive damages not only encourage civil suit s, but also promote socially desirable safety levels, and thus promote justice. This claim is grounded in the perception that levels of safety are not adequately generated by basing the safety decisions cost-benefit analysis upon the price needed to compensate the sufferer. Payment of punitive damages and the costs associated with the compensation of the sufferer gives rise to a cost-benefit analysis that is conducive for the generation of adequate levels of safety for the sufferer. Quite often, it so happens that the benefit given to the defendant as a settlement of the loss-causing incident does not weight equal to the harm that the plaintiff has caused. Therefore, if increase in the levels of safety has to be the reference for the establishment of justice, punitive damages play a big role in promoting justice in the society. Opponents of the punitive damages say that punitive damages should be terminated because they are alike large for companies to bear particularly in the con temporary age of financial crisis. This is not a valid argument against punitive damages because if the amount of punishment is belittled, individuals, agencies and companies who are charged with the damages would not take the charges seriously and would continue with their unethical practices considering the charges, a necessary cost of running the business. Larger