By Helmut Koziol, Vanessa Wilcox
With the turning out to be literature near to punitive damages, the consensus is that it kind of feels precious or even essential to speak about, completely and on a comparative foundation, the character, position and suitability of such damages in tort legislation and personal legislation commonly. This ebook includes stories from chosen jurisdictions that explicitly let the award of punitive damages in addition to from jurisdictions which purport (sometimes emphatically) to disclaim their lifestyles (although a bunch covertly include such damages into the framework in their tort systems). It merits from an fiscal research of punitive damages, a record from a personal foreign legislations point of view, one on their insurability and one on annoyed damages. The book’s comparative record and end seriously evaluates the fabric within the above stories and advances a radical research of the character of punitive damages, the instances for and opposed to them, and their suitability within the box of tort legislations. replacement treatments in inner most and felony legislations also are thought of. The ebook will attract scholars, teachers, practitioners, judges, coverage makers and people within the coverage undefined.
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Extra info for Punitive Damages: Common Law and Civil Law Perspectives (Tort and Insurance Law)
Sample text
75 Wider Scope? Following the Kuddus decision, perhaps the time has come for the limitations caused by the arbitrary scope of the categories to now be abolished. Indeed in the recent case of Mosley v News Group Newspapers Ltd. counsel for the claimant argued, though unsuccessfully, that Lord Devlin’s categories had served whatever purpose they may have had in the past and were on the verge of being abandoned. 176 This is the case in Commonwealth quarters (Canada, Australia and New Zealand), where the categories test has been ignored so that generally speaking any highly reprehensible civil wrongdoing may warrant a punitive award.
At par. 15. Ibid. at par. 046. Sebok (fn. 78) no. 48 ff. In line with the principle of moderation (see supra no. 46) and the guidelines and brackets given by way of direction (see infra no. ). Law Commission for England and Wales, Aggravated, Exemplary and Restitutionary Damages, Law Com. No. 247 (1997) Part V par. 156. Cassell & Co. Ltd. v Broome and Another [1972] AC 1027, 1128 per Lord Diplock. John v Mirror Group Newspapers Ltd. R. 78 Vanessa Wilcox 38 79 Prior to 1990, it was sensible for appellate courts not to interfere with the awards of damages by juries as there was no effective appeal against quantum.
Koziol, Punitive Damages – A European Perspective (2008), 26 Louisiana Law Review 3, 741, 744. Fay v Parker, 53 New Hampshire Reports (NH) 342 (1873) 382 per Foster J. Cassell & Co. Ltd. v Broome and Another [1972] AC 1027, 1086 per Lord Reid. DCA, The Law on Damages CP 9/07, May 2007, par. 198. A. Beever, The Structure of Aggravated and Exemplary Damages, 23 Oxford J. Legal Stud. 87, 106. Cassell & Co. Ltd. v Broome and Another [1972] AC 1027, 1127 per Lord Diplock. Ibid. at 1110 per Viscount Dilhorne.