Landmark Cases in the Law of Punitive Damages
eBook - ePub

Landmark Cases in the Law of Punitive Damages

  1. 408 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

Landmark Cases in the Law of Punitive Damages

About this book

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.

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Yes, you can access Landmark Cases in the Law of Punitive Damages by James Goudkamp, Eleni Katsampouka, James Goudkamp,Eleni Katsampouka in PDF and/or ePUB format, as well as other popular books in Law & Legal History. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Hart Publishing
Year
2023
Print ISBN
9781509967001
eBook ISBN
9781509967018
Edition
1
Topic
Law
Subtopic
Legal History
Index
Law

Table of contents

  1. Cover
  2. Title Page
  3. Preface
  4. Contents
  5. Contributors
  6. Table of Cases
  7. Table of Legislation
  8. 1. Huckle v Money (1763): Exemplary Damages and Liberty of the Subject
  9. 2. Wilkes v Wood (1763): General Warrants and Punitive Damages
  10. 3. Bell v Midland Railway Company (1861): The Curious Case of Disputing Directors
  11. 4. Rookes v Barnard (1964): ‘Going Off the Lines’
  12. 5. Cassell & Co Ltd v Broome (1972): Maritime, Generational and Judicial Clashes
  13. 6. Lamb v Cotogno (1987): Insured Punishment
  14. 7. German Federal Court of Justice, Judgment of 4 June 1992, Case IX ZR 149/91 (BGHZ 118, 312) (1992): German Law’s Dilemma with Punitive Damages
  15. 8. John v MGN Ltd (1995): Enclosing the Jury Paddock?
  16. 9. Gray v Motor Accident Commission (1998): Does the Criminal Punishment of the Defendant Bar Exemplary Damages? Questions Answered and Unanswered
  17. 10. Kuddus v Chief Constable of Leicestershire Constabulary (2001): A Milestone in the Expansion of Punitive Damages
  18. 11. Whiten v Pilot Insurance Co (2002): How Can Something So Wrong Feel So Right?
  19. 12. Harris v Digital Pulse Pty Ltd (2003): Equity, Penalties, Controversy and Costs
  20. 13. State Farm Mutual Automobile Insurance Co v Campbell (2003): The Misguided Legacy of Proportionality
  21. 14. Mathias v Accor Economy Lodging, Inc (2003): Judge Richard A Posner’s Message and Method on Punitive Damages
  22. 15. Couch v Attorney-General (No 2) (2010): The Susan Couch Litigation
  23. 16. Schlenzka & Langhorne v Fountaine Pajot (2010): The Recognition and Enforcement of Foreign Punitive Damages Awards in France
  24. 17. PH Hydraulics & Engineering Pte Ltd v Airtrust (Hong Kong) Ltd (2017): Orthodoxy Rules
  25. Index
  26. Copyright Page