Punitive Damages Against Trustees?
Document Type
Book Chapter
Publication Date
2018
Abstract
From the Introduction
Chapter 10
This chapter considers whether punitive damages against trustees are justifiable. The conclusion reached is a skeptical one. If there is a good justification for using punitive damages instead of remedies such as the constructive trust, it is has yet to be given.
Limitations on the scope of this analysis should be noted. The question is considered only for jurisdictions in the U.S. The focus is on trustees, not fiduciaries more generally, though the argument certainly has broader implications. Finally, given the analytical fragmentation of scholars who study remedies, the approach taken is to consider the question from three perspectives. The first perspective is that of a person who thinks the goal of remedies is to achieve the plaintiff’s rightful position. The second perspective is that of a person who thinks the law of remedies should aim for optimal deterrence. The third perspective is that of a person who thinks of law and equity as fundamentally distinct. You, dear reader, may hold one or more of these perspectives. Read accordingly.
Recommended Citation
Bray, Samuel S., "Punitive Damages Against Trustees?" (2018). Book Chapters. 186.
https://scholarship.law.nd.edu/book_chapters/186
Publication Information
in Research Handbook on Fiduciary Law 201–217 (D. Gordon Smith & Andrew S. Gold eds., 2018).