What type of damages is awarded only if the breach also constitutes a tort?

In the context of contracts and tortious conduct, punitive damages are specifically awarded as a sanction for wrongful actions that go beyond mere breach of contract and rise to the level of a tort. These damages serve to punish the wrongdoer for particularly egregious behavior and to deter similar conduct in the future.

To qualify for punitive damages, the breach must involve some form of intentional misconduct, fraud, malice, or gross negligence. Simply breaching a contract does not suffice for punitive awards; the party must also have committed a wrongful act that causes additional harm beyond the contractual obligations.

For example, if a business not only fails to deliver goods as promised (a breach of contract) but also intentionally misrepresents the quality of those goods in a way that harms the buyer (a tort), then punitive damages may be justified. This distinction highlights how punitive damages are uniquely tied to tortious behavior, whereas other types of damages—like compensatory or consequential damages—are generally associated with the actual loss suffered due to a breach of contract alone.