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"vindicate" to describe a compensatory purpose for punitive
damages in the sense of reimbursing a victim for an actual loss.
See Clark v. Cantrell, supra at 609. As a matter of fact, the
South Carolina Supreme Court has stated specifically that
"punitive damages are not given with a view to compensation, but
* * * in addition to compensation". Shuler v. Heitley, supra at
361-362. The court has also stated:
Compensatory damages relate mainly to the
situation of the injured party, the plaintiff
generally. But he should not receive, nor should he be
entitled to obtain, thereby more than sufficient
recompense for his injuries- just enough to restore him
to his former position, a sum only to make him whole.
He, and he alone, usually is particularly affected in
that regard.
Exemplary damages have relation to the injured
party in only one respect, to vindicate his right,
recklessly, willfully, maliciously, or wantonly
invaded. They relate more to the situation of the
wrongdoers, the defendants, usually. One of the chief
purposes in awarding damages of this class is to punish
the wrongdoer, not only to prevent by him a recurrence
of the wrongful act, but to deter others from conduct
of the same or similar kind. They are not intended for
the sole good of the injured party. And not for the
improvement of the disposition and character alone of
the willful tort-feasor is it that our law has looked
with favor upon the assessment of punitive damages
under certain circumstances. But the object is to
protect every man, woman, and child from those who
consciously disregard the rights of their fellows.
* * * [Johnson v. Atlantic Coast Line R. Co., 140 S.E.
443, 447 (S.C. 1927).]
According to the South Carolina Supreme Court, factors to
consider in passing on a punitive damage award under the law of
that State include: (1) The character of the tort committed,
including the wrongdoer's degree of recklessness, (2) the
punishment which should be meted out, bearing in mind that
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