ISBN:
9783211922118
Language:
English
Pages:
Online-Ressource
Series Statement:
Tort and Insurance Law 25
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Buchausg. u.d.T. Punitive damages
DDC:
346.02222UBWFRL
Keywords:
Civil law
;
Comparative law
;
Law
;
Civil law
;
Comparative law
;
Law
;
Aufsatzsammlung
;
Punitive damages
;
Common law
;
Civil Law
Abstract:
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.
Description / Table of Contents:
""CONTENTS""; ""A Brief Introduction: The Origins of Punitive Damages""; ""Country Reports""; ""Punitive Damages in England""; ""I. Introduction""; ""II. The Three Categories: The Categories Test""; ""III. The Cause of Action Test Abolished""; ""IV. Factors Relevant to an Assessment of Punitive Damages""; ""V. The Case against Punitive Damages""; ""VI. Alternative Remedies � Gain Based Damages""; ""VII. Other""; ""VIII. Conclusions""; ""Punitive Damages in France""; ""I. Introduction""; ""II. A Hidden Presence of Punitive Damages?""
Description / Table of Contents:
""III. Towards the Official Introduction of Punitive Damages?""""Punitive Damages in Germany""; ""I. Introduction""; ""II. The Debate on Punitive Damages""; ""III. Conclusions""; ""Punitive Damages in Hungary""; ""I. Introduction""; ""II. Definition of Punitive Damages""; ""III. Function and Rationality of Punitive Damages""; ""IV. Regulatory and Policy Context""; ""V. No Punitive Damages in Hungarian Tort Law""; ""VI. Punitive Elements in Hungarian Private Law""; ""VII. Policy Aspects of Punitive Damages in Hungarian Tort Law""; ""VIII. Conclusions""; ""Punitive Damages in Italy""
Description / Table of Contents:
""I. Introduction""""II. Compensation for Damage in Personal Injury Cases""; ""III. Punitive Damages under the Italian Legal System""; ""IV. Statutory Provisions and the Punitive Purpose of Tort Law""; ""V. Compensation for Damage and the Standard of the Wrongdoer�s Conduct""; ""VI. Conclusions""; ""Punitive Damages in Scandinavia""; ""I. Introduction""; ""II. Elements of Punitive Damages under Norwegian Tort Law""; ""III. Elements of Punitive Damages under Swedish Tort Law""; ""IV. Elements of Punitive Damages under Danish Tort Law""; ""V. Conclusions""
Description / Table of Contents:
""Punitive Damages in South Africa""""I. Introduction""; ""II. Law of Delict""; ""III. The Law of Contract""; ""IV. Copyright Law""; ""Punitive Damages in Spain""; ""I. Introduction""; ""II. Specific Legally Based Arguments""; ""III. Other Arguments""; ""IV. Difficulties and Plays on Words""; ""V. Conclusions""; ""Punitive Damages in the United States""; ""I. Introduction""; ""II. The Three Eras of American Punitive Damages""; ""III. The Purposes of Punitive Damages in American Tort Law""; ""IV. Rules for Juries (Or Other Factfinders)""; ""V. Constitutional Constraints""
Description / Table of Contents:
""Punitive Damages in European Law""""I. Introduction""; ""II. Conflicts of Concepts in Legislative Drafts""; ""III. “Effective, Proportionate and Dissuasive�""; ""IV. Equal Treatment of Damages Awards""; ""V. Punitive Damages by Way of Import""; ""VI. Competing for a New Standard""; ""VII. Conclusions""; ""Special Reports""; ""Punitive Damages and Liability Insurance""; ""I. Introduction""; ""II. The Insurability of Punitive Damages""; ""III. Conclusions""; ""Economic Analysis of Punitive Damages""; ""I. Introduction""; ""II. Economic Reasons for Punitive Damages: Deterrence""
Description / Table of Contents:
""III. Economic Reasons for Punitive Damages: Punishment""
Note:
Includes bibliographical references and index
DOI:
10.1007/978-3-211-92211-8
URL:
Volltext
(lizenzpflichtig)
