Punitive Damages Common Law And Civil Law Perspectives
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Author | : Helmut Koziol |
Publisher | : Springer |
Total Pages | : 335 |
Release | : 2009-07-10 |
Genre | : Law |
ISBN | : 9783211922101 |
With the growing literature on the subject of punitive damages, the consensus is that it seems worthwhile and even necessary to discuss, thoroughly and on a comparative basis, the nature, role and suitability of such damages in tort law and private law in general. This book contains reports from selected jurisdictions that explicitly allow the award of punitive damages as well as from jurisdictions which purport (sometimes emphatically) to deny their existence (although a number covertly incorporate such damages into the framework of their tort systems). It benefits from an economic analysis of punitive damages, a report from a private international law perspective, one on their insurability and one on aggravated damages. The book’s comparative report and conclusion critically evaluates the material in the above reports and advances a thorough analysis of the nature of punitive damages, the cases for and against them, and their suitability in the field of tort law. Alternative remedies in private and criminal law are also considered. The publication will appeal to students, academics, practitioners, judges, policy makers and those in the insurance industry.
Author | : Helmut Koziol |
Publisher | : Springer |
Total Pages | : 0 |
Release | : 2011-11-30 |
Genre | : Law |
ISBN | : 9783709109649 |
With the growing literature on the subject of punitive damages, the consensus is that it seems worthwhile and even necessary to discuss, thoroughly and on a comparative basis, the nature, role and suitability of such damages in tort law and private law in general. This book contains reports from selected jurisdictions that explicitly allow the award of punitive damages as well as from jurisdictions which purport (sometimes emphatically) to deny their existence (although a number covertly incorporate such damages into the framework of their tort systems). It benefits from an economic analysis of punitive damages, a report from a private international law perspective, one on their insurability and one on aggravated damages. The book’s comparative report and conclusion critically evaluates the material in the above reports and advances a thorough analysis of the nature of punitive damages, the cases for and against them, and their suitability in the field of tort law. Alternative remedies in private and criminal law are also considered. The publication will appeal to students, academics, practitioners, judges, policy makers and those in the insurance industry.
Author | : Nelson Rosenvald |
Publisher | : |
Total Pages | : |
Release | : 2012 |
Genre | : |
ISBN | : 9788522488469 |
Author | : Lotte Meurkens |
Publisher | : |
Total Pages | : 457 |
Release | : 2014 |
Genre | : |
ISBN | : 9789013126952 |
Author | : James Goudkamp |
Publisher | : Bloomsbury Publishing |
Total Pages | : 421 |
Release | : 2023-12-28 |
Genre | : Law |
ISBN | : 150996701X |
Punitive damages are private law's most controversial remedy. This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States. Many of the decisions addressed are not only landmarks regarding punitive damages but are among the most important judgments delivered in private law more generally. The essays, which are written by leading scholars from a wide range of jurisdictions, cast new light on the cases covered. They do so by examining their historical antecedents and the impact that they have had on the development of the law. The full spectrum of issues regarding punitive damages is addressed including the insurability of punishment, constitutional constraints on the remedy's availability and whether the award should be confined to particular causes of action. The collection will be of interest to all scholars and students of private law. It concentrates on common law cases although civilian perspectives, drawn from France and Germany, are also offered.
Author | : Linda L. Schlueter |
Publisher | : Michie |
Total Pages | : 784 |
Release | : 1995 |
Genre | : Law |
ISBN | : |
Author | : Mauro Bussani |
Publisher | : Oxford University Press |
Total Pages | : 297 |
Release | : 2022 |
Genre | : Law |
ISBN | : 019536838X |
The place of tort law -- Negligence (and strict liability) -- Recovery for physical harms : the case of medical malpractice -- Non-economic damage and primary victims -- Recovery of secondary victims for economic harm and emotional distress -- Compensation for pure economic loss -- Causation -- Products liability.
Author | : Tom Riley |
Publisher | : Prentice Hall |
Total Pages | : 360 |
Release | : 1981 |
Genre | : Law |
ISBN | : |
Author | : Thomas J. Collin |
Publisher | : American Bar Association |
Total Pages | : 224 |
Release | : 1998 |
Genre | : Law |
ISBN | : 9781570736179 |
Author | : Peter Birks |
Publisher | : Oxford University Press |
Total Pages | : 362 |
Release | : 1996 |
Genre | : Law |
ISBN | : 9780198262923 |
When potential litigants first approach a lawyer they are generally interested in finding out one thing only: are they likely to be able to win damages or any other kind of remedy and what kind of quantum of damages are they likely to receive? It becomes the lawyer's main task to try to argue for a remedy and to persuade the court that the plaintiff has a good cause of action. Textbooks about contract and tort frequently treat damages and other remedies as an after-thought when in fact it is the issue of remedies which is a constant and ever-present consideration for the plaintiff and his or her lawyer. This new book, containing contributions from many of the UK's leading specialists, brings to the fore a range of issues which are of topical interest to litigators and to teachers of law. In some instances the issues are currently the subject of reform proposals and these essays usefully highlight the principal issues facing the reformers and the objections which have been raised by those opposed to reform. In addition four of the essays tackle a strand of tort law which is of rapidly growing importance - the area of professional negligence. The contributors are among the best-known writers in this field and their essays combine practical and academic perspectives which usefully highlight contemporary trends in professional negligence litigation. The first chapter in the book also offers a unique and controversial overview of tort law in the UK by Professor Patrick Atiyah, who argues for a complete rethink of the system of personal injuries litigation in the UK, starting with its abolition. Not for the first time, Professor Atiyah thinks the unthinkable.