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This is the normal remedy in breach of contract cases. Punitive Damages ? Payments by the breaching party to the non-breaching party that are meant to punish the breaching party for particularly wrongful acts by having them pay the non-breaching party above and beyond full compensation for the damages.
Punitive damages are awarded in addition to compensatory damages. Punitive damages are rarely awarded for breach of contract. They arise more often in tort cases, to punish deliberate or reckless misconduct that results in personal harm.
Illinois law allows personal injury victims to recover compensation for emotional distress (also referred to as emotional harm) in the same way a prospective plaintiff would file for compensation for any other damages they alleged to have suffered in a personal injury incident.
Punitive damages are extremely rare in breach of contract cases, particularly in Illinois, and will not be awarded unless the breach amounts to an independent tort and includes malice, wantonness or oppression. Lost profits can be awarded as monetary damages if they can be estimated with reasonable certainty.
Under Illinois law, there are four elements to a breach of contract claim: (1) the existence of a valid and enforceable contract; (2) performance by the plaintiff; (3) breach of contract by the defendant; and (4) resultant injury to the plaintiff.
That the conduct of the defendant was extreme and outrageous; that the defendant intended to cause you severe emotional distress or knew that there was a high probability that his conduct would cause such distress; and. That the defendant's conduct did in fact cause you severe emotional distress.
(b) To recover punitive damages in cases described in subsection (a), a plaintiff must show by clear and convincing evidence that the defendant's conduct was with evil motive or with a reckless and outrageous indifference to a highly unreasonable risk of harm and with a conscious indifference to the rights and safety ...
Compensatory damages are monetary damages that are awarded with the intent of compensating the non-breaching party for any losses suffered as a result of a contract breach. They are not designed to punish the breaching party, but merely make the party that was breached against ?whole again,? as it is commonly phrased.