A Theory of Wealth and Punitive Damages
Keith N. Hylton
Boston University School of Law Working Paper 08-09
Abstract
One recurring problem in the punitive damages case law is the degree to which the wealth of the defendant should matter in the determination of a punitive award. Intuition suggests that the wealthy should pay more than the non-wealthy. On the other hand, the view has been expressed that wealth should not play a role in the determination of a punitive award. I will use examples to develop several arguments. The claim that wealth is seldom relevant to the determination of a punitive award is unsupportable. The key proposition advanced in this paper is that the defendant’s wealth is relevant when either the victim’s loss or the defendant’s gain from wrongdoing is unobservable and correlated with the defendant’s wealth. Since the victim’s loss typically will be observable, wealth will tend to be a relevant factor when optimal deterrence requires elimination of the defendant’s gain.
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Suggested Citation:
Keith N. Hylton, "A Theory of Wealth and Punitive Damages," forthcoming, Crimtorts Symposium, Widener Law Journal."
Contact Information
Keith N. HyltonBoston University School of Law
765 Commonwealth Avenue
Boston, MA 02215