Which of the following is a condition for the award of punitive damages?

The requirement that the breach must also be a tort is a foundational element in the award of punitive damages. Punitive damages are intended to punish a defendant for particularly egregious or wrongful conduct and to deter others from engaging in similar behavior. They are not simply meant to compensate the plaintiff for losses but to address the reprehensible nature of the defendant’s actions.

In most jurisdictions, punitive damages are awarded in cases where the defendant's conduct constitutes a tort, typically involving a higher degree of fault such as intentional wrongdoing or gross negligence. This condition underscores that punitive damages are appropriate only when the conduct goes beyond mere breach of contract and enters into the realm of unlawful or immoral actions.

This distinguishes cases that allow for punitive damages from those that rely solely on compensatory damages, which can arise from breaches of contract that do not involve tortious behavior. Thus, establishing that the breach involved a tortious element is essential for the plaintiff seeking punitive damages.