1. What is the primary difference between an intentional tort and negligence? Which one is more likely to support an award of punitive damages? What is the purpose of punitive damages? Some people argue that punitive damages constitute a windfall award to a plaintiff who is not personally deserving of the award. What do you think is the best argument in favor of punitive damages? Might they serve a social purpose? What is the best argument against punitive damages?
2. Brie was walking to her car in the University parking lot when a boyfriend she had just broken up with approached her, shouting and waving his arms wildly. He grabbed her, dragged her to his car, hit the automatic door locks, and, taking out a large pair of scissors, cut off her hair.
a. Identify and discuss thoroughly all the torts committed by the former boyfriend.
b. Would punitive damages be available in these circumstances? Explain.
c. Might criminal charges be brought against the boyfriend? If so, explain how the burden of proof would differ in the criminal case as compared to the civil lawsuit.