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  • Book
  • © 2009

Punitive Damages: Common Law and Civil Law Perspectives

  • The publication will appeal to students, academics, practitioners, judges, policy makers and those in the insurance industry

Part of the book series: Tort and Insurance Law (TIL, volume 25)

  • 17k Accesses

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Table of contents (16 chapters)

  1. Front Matter

    Pages I-XI
  2. A Brief Introduction: The Origins of Punitive Damages

  3. Country Reports

    1. Front Matter

      Pages 5-5
    2. Punitive Damages in England

      • Vanessa Wilcox
      Pages 7-53
    3. Punitive Damages in France

      • Jean-Sébastien Borghetti
      Pages 55-73
    4. Punitive Damages in Germany

      • Nils Jansen, Lukas Rademacher
      Pages 75-86
    5. Punitive Damages in Hungary

      • Attila Menyhárd
      Pages 87-102
    6. Punitive Damages in Italy

      • Alessandro P. Scarso
      Pages 103-113
    7. Punitive Damages in Scandinavia

      • Bjarte Askeland
      Pages 115-122
    8. Punitive Damages in South Africa

      • Johann Neethling
      Pages 123-136
    9. Punitive Damages in Spain

      • Pedro del Olmo
      Pages 137-154
    10. Punitive Damages in the United States

      • Anthony J. Sebok
      Pages 155-196
    11. Punitive Damages in European Law

      • Bernhard A. Koch
      Pages 197-209
  4. Special Reports

    1. Front Matter

      Pages 211-211
    2. Economic Analysis of Punitive Damages

      • Louis T. Visscher
      Pages 219-236
    3. Aggravated Damages

      • Anthony J. Sebok, Vanessa Wilcox
      Pages 257-274
  5. Back Matter

    Pages 309-335

About this book

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.

Bibliographic Information