Where joint tortfeasors are sued for the same damage arising from the same conduct, a finding of intentional assault subsumes a claim in negligence, and the jury should not be asked to assess damages for both. Differential aggravated compensatory damages against joint tortfeasors should only be awarded where the circumstances clearly warrant it — not where the defendants acted in concert and there is nothing to differentiate their conduct from the plaintiff's perspective. Exemplary damages cannot be awarded twice against the same defendant for the same conduct merely because it is characterised under different causes of action.
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