Overcoming Under-Compensation and Under-Deterrence in Intentional Tort Cases: Are Statutory Multiple Damages the Best Remedy?

Abstract

This Article advocates that states' statutes make greater and more systematic use of multiple damages by extending them to a much broader range of intentional, wrongful conduct. Part II of this Article will explain why extra-compensatory relief is called for when tortious conduct is intentional or malicious. Part III will compare punitive damages, attorney fees, and treble or other multiple damages as possible sources of additional relief. Part IV will focus on multiple damages. The Article will examine the range of existing state statutes and discuss why and how those statutes might be extended to a broader range of wrongful behavior.

Keywords: tort law, compensation, injuries, wrongful conduct, compensatory damages, harmful conduct, intentional tortious conduct, tortfeasors, deterrent effect, common law, attorney fees, discrimination, consumer fraud, multiple damages

JEL Classification: K13, K19, K39, K41, K49