Section 9 Punitive Damages

• Library: Damages 2012

Punitive damages are generally not allowed in breach of contract cases, but they are allowed when the breach of contract “amounts to an independent willful tort and there is evidence of malice, wontonness [sic] or oppression.” Shearin v. Fletcher/Mayo/ Assocs., Inc., 687 S.W.2d 198, 202 (Mo. App. W.D. 1984); Kelly v. State Farm Mut. Auto. Ins. Co., 218 S.W.3d 517, 526 n.4 (Mo. App. W.D. 2007) (“[A]s a general rule, ‘punitive damages are not recoverable in a contract case’ unless ‘the breaching party’s...