12-4 Punitive Damages
Punitive damages are not recoverable in an action for professional negligence. They may be recoverable under other theories of liability, such as breach of fiduciary duty, fraud, and CUTPA. They are generally not recoverable under breach of contract unless the contract itself provides for such recovery for the client, which rarely happens. "Punitive damages are not ordinarily recoverable for breach of contract. . . . This is so because punitive or exemplary damages are assessed by way of punishment, and the motivating basis does not usually arise as a result of the ordinary private contract relationship. The few classes of cases in which such damages have been allowed contain elements which bring them within the field of tort."32 "Breach of contract founded on tortious conduct may allow the award of punitive damages. Such tortious conduct must be alleged in terms of wanton and malicious injury, evil motive and violence, for...
