Punitive Compensation as a Sanction for a Profitable Error within the Scope of Civil Liability: A Comparative Analytical Study

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Abstract

This study examines the issue of "profitable tort" and punitive damages as contemporary mechanisms within Latin legal systems, with a particular focus on Jordanian and French law; it contrasts these systems with the Anglo-Saxon approach, which has long recognized punitive damages as an effective deterrent against unlawful conduct that generates unjust enrichment at the expense of others. The research highlights the limitations of traditional civil liability rules, which typically confine compensation to the principle of full indemnification, without considering the gravity of the misconduct or the intent to profit from it, this allows wrongdoers to retain illicit gains even after providing compensation, the findings reveal a notable legislative inertia, especially within Jordanian law, in addressing this type of behavior, this contrasts with French jurisprudential and judicial efforts to reinvigorate the punitive function of civil liability, the study recommends amending Jordanian legislation to explicitly incorporate punitive damages as a sanction distinct from traditional compensatory damages, within specific parameters applicable to cases of profitable tort, this would serve to deter illicit profit-seeking behavior and promote preventative justice, particularly given the increasing prevalence of such acts in practice.