Full Description
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.
Contents
The book contains reports from selected jurisdictions that explicitly allow the award of punitive damages, in particular, England, South Africa and the United States. Several jurisdictions vehemently deny the existence of punitive damages yet some covertly incorporate the same into the framework of their tort systems. Thus, the position in France, Germany, Italy, Spain, Hungary, Scandinavia as well as that under EC Law is considered. The book also benefits from two general reports: the first offers an economic analysis of punitive damages and the second focuses on the insurability of such damages. It is concluded by an analysis of punitive damages: their nature, goals and suitability in the field of tort law and private law in general.
