Koziol / Wilcox Punitive Damages: Common Law and Civil Law Perspectives

2009
ISBN: 978-3-211-92211-8
Verlag: Springer Wien
Format: PDF
Kopierschutz: 1 - PDF Watermark

E-Book, Englisch, Band 25, 335 Seiten, eBook

Reihe: Tort and Insurance Law

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.

Zielgruppe

Research

Autoren/Hrsg.

Koziol, Helmut

Wilcox, Vanessa

Inhaltsverzeichnis

A Brief Introduction: The Origins of Punitive Damages.- A Brief Introduction: The Origins of Punitive Damages.- Country Reports.- Punitive Damages in England.- Punitive Damages in France.- Punitive Damages in Germany.- Punitive Damages in Hungary.- Punitive Damages in Italy.- Punitive Damages in Scandinavia.- Punitive Damages in South Africa.- Punitive Damages in Spain.- Punitive Damages in the United States.- Punitive Damages in European Law.- Special Reports.- Punitive Damages and Liability Insurance.- Economic Analysis of Punitive Damages.- Punitive Damages From a Private International Law Perspective.- Aggravated Damages.- Punitive Damages: Admission into the Seventh Legal Heaven or Eternal Damnation?.