Punitive Damages Common Law And Civil Law Perspectives

Author : Helmut Koziol
Publisher : Springer
ISBN 13 : 9783211922873
Total Pages : 335 pages
Book Rating : 4.73/5 ( download)

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Download or read book Punitive Damages: Common Law and Civil Law Perspectives written by Helmut Koziol and published by Springer. This book was released on 2010-05-03 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 9783211922101
Total Pages : 335 pages
Book Rating : 4.05/5 ( download)

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Download or read book Punitive Damages: Common Law and Civil Law Perspectives written by Helmut Koziol and published by Springer. This book was released on 2009-07-10 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 9783709109649
Total Pages : 0 pages
Book Rating : 4.47/5 ( download)

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Download or read book Punitive Damages: Common Law and Civil Law Perspectives written by Helmut Koziol and published by Springer. This book was released on 2011-11-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Lotte Meurkens
Publisher :
ISBN 13 : 9789013126952
Total Pages : 457 pages
Book Rating : 4.52/5 ( download)

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Download or read book Punitive Damages written by Lotte Meurkens and published by . This book was released on 2014 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Linda L. Schlueter
Publisher : Michie
ISBN 13 :
Total Pages : 784 pages
Book Rating : 4.54/5 ( download)

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Download or read book Punitive Damages written by Linda L. Schlueter and published by Michie. This book was released on 1995 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : James Goudkamp
Publisher :
ISBN 13 : 9781509967032
Total Pages : 0 pages
Book Rating : 4.36/5 ( download)

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Download or read book Landmark Cases in the Law of Punitive Damages written by James Goudkamp and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : James B. Sales
Publisher :
ISBN 13 :
Total Pages : 58 pages
Book Rating : 4.80/5 ( download)

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Download or read book Punitive Damages written by James B. Sales and published by . This book was released on 1984 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Mauro Bussani
Publisher : Oxford University Press
ISBN 13 : 019536838X
Total Pages : 297 pages
Book Rating : 4.83/5 ( download)

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Download or read book Common Law and Civil Law Perspectives on Tort Law written by Mauro Bussani and published by Oxford University Press. This book was released on 2022 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Larry A. DiMatteo
Publisher : Cambridge University Press
ISBN 13 : 1107176328
Total Pages : 545 pages
Book Rating : 4.24/5 ( download)

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Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Author : Helmut Koziol
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110547554
Total Pages : 623 pages
Book Rating : 4.59/5 ( download)

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Download or read book PRODUCT LIABILITY written by Helmut Koziol and published by Walter de Gruyter GmbH & Co KG. This book was released on 2017-11-07 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: Where products develop ever more rapidly, the law may face difficulties in responding accordingly to new security threats which may arise. In the field of product liability, an extraordinary need for legal development has thus been perceived, with legislators and judges feeling compelled to find new solutions and to look across borders for these. In the detailed reports in this book, the World Tort Law Society proves that it is in an ideal position to examine the most significant concepts. The report on North America studies the special regime for product liability from its origin in the case law of the US; the European report is centred around the EU Product Liability Directive with its merits and faults; and the influence of these two systems as well as new answers are shown in the reports on Asia, Russia and four key jurisdictions in the rest of the world. Similar questions are discussed worldwide: How can a strict liability regime for products be justified, and can it be justified in all cases? How does the special regime relate to general rules of tort law? Should services be subject to a similar regime? The Members of the Society seek to provoke thought for solutions to these pervasive problems. In this spirit, the volume’s comparative conclusions invite discussion, and the book includes four responses to that call from eminent tort lawyers from different legal backgrounds.