Download or read book A Company s Right to Damages for Non Pecuniary Loss written by Vanessa Wilcox and published by Cambridge University Press. This book was released on 2016-09 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed examination explores the extent to which non-pecuniary damages can properly be awarded to companies.

Download or read book The Recovery of Non Pecuniary Loss in European Contract Law written by Vernon V. Palmer and published by Cambridge University Press. This book was released on 2015-07-02 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive work to capture the rise of moral damages (non-pecuniary loss) in European contract law through a historical and comparative analysis. Unique features of this study include the first classification scheme of the systems into liberal, moderate and conservative regimes, a taxonomy of non-pecuniary loss drawn from a European-wide jurisprudence, and a comprehensive bibliography of the subject. Written by a leading academic on comparative law, Palmer's precise and practical insights on Europe's leading cases will be of great interest to academic researchers and practitioners alike.

Download or read book Damages for Non pecuniary Loss in the Tort of Negligence written by Andrew James Bell and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis' core aim is to develop a coherent conceptual framework for non-pecuniary loss damages in the tort of negligence. This requires an analysis of existing theoretical frameworks, a redevelopment of the 'nonpecuniary loss' concept, and the development of a new basis for the assessment of damages awards. The thesis argues that it is a mistake to preconceive of damages awards as compensatory and analogise to pecuniary losses; the different nature of non-pecuniary losses gives rises to conceptual problems and tensions with practice where this is attempted. This thesis instead separates the identification of non-pecuniary losses from the aims and assessment of damages awards, arguing that the former must be analysed first and independently. A replacement 'personal loss' concept is developed, free from the deficiencies identified and centred on binary events which raise, for a notional observer, detrimental implications about the victim's personal interests. The thesis proposes that a damages assessment based on vindication, whereby awards serve as counterstatements to those detrimental implications, can then coherently engage that personal loss concept to produce damages awards. The resulting theory is uniquely capable of justifying and providing a defensible theoretical framework for recovery for non-financial losses.

Download or read book Damages for Non Pecuniary Loss in a Comparative Perspective written by W.V. Horton Rogers and published by Springer. This book was released on 2001-10-12 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Damagesfornon-pecuniarylossarethesubjectofwidespreadinterestinEu rope. TheywerechosenasoneoftheinitialprojectsoftheCentreforTortand InsuranceLaw,Vienna. TheCentreisbynomeansthefirstinthefieldinexam l iningthistopic butourexercisehassoughttoplacetheprobleminthebroader frameworkofthevariouslegalsystemsandtogobeyondtheusualcontextof personalinjurybyaccident. Thecomparativereportismainlybaseduponin formation suppliedbycolleagues in 10Europeancountries. Theworking methodwasaquestionnaireissuedinthesummerof1999,onthebasisofwhich thereweretendetailedcountryreportswhicharepublishedinthisvolume. However,informationhasalsobeenincludedfromPortugal,SouthAfrica,Swe den,theUnitedStatesandIsrael. TheIsraelireportisalsopublishedinanap pendixinthisvolume. Colleaguesfromthosecountriessuppliedmaterialdur ing anexercisein 1999bytheEuropeanGrouponTortLawonthelawof damagesingeneral,directedbyProfessorUlrichMagnus(reportforthcoming). ApreliminarycomparativereportwasmadetoameetinginMunichon28and 29April2000attendedbypersonswhohadsuppliedcountryreports,other membersoftheEuropeanGrouponTortLawandbyrepresentativesofMunich Reinsurance,whohavesupportedtheCentreandshownacloseinterestinthis project. Adraftfinal reportwaspresentedatasymposiuminMunichon 13 October2000hostedbyMunichReandattendedbylawyersandinsurersfrom awiderangeofEuropeancountries. Dr. StefanHeydofMunichReandProfes sorPierreTercieroftheUniversityofFribourgalsoaddressedthesymposium andtheircontributionsareincludedinthisvolume(seeXlIIandAppendix2). Thefinalcomparativereportowesmuchtothediscussionsatboththemeet ingsinMunich. Finally,weexpressourgratitudeforthemostvaluablehelpof Dr. SabineGantner,DonnaStockenhuberM. AandDr. FriedrichPoppinprepar ingthemanuscriptforthepublisher. 2 W. V. H. Rogers,December2000 I See inparticularthebooksofPfennigstorfandofMcIntoshandHolmes on personal injurydamages inEurope andthe workfor theEuropeanParliamentoftheGroupco ordinatedbyProf. BusnelliofPisa(who has contributed to this volume). 2 Thelaw moves on. Sincethematerialwas submittedfor presstherehavebeen "expansive"movements in England on privacyandexemplary damages. No doubt othersystemshavealsoseenchanges. Butlawbooksareinevitablysnapshots. TableofContents WelcomeSpeechfromthe"DamagesforNon-PecuniaryLossinEurope" Meeting(S. Heyd) XIII Questionnaire. . . . . . •. . . . . . •. . •. . . . •. . . . . . . . . . . . . . . . . . •. . . . . . . . . . . . . •. . . . •. . •. . . . •. ••. . . . . . . . . . . . •. . •. . . ••. . •. . . . •. . . . . . . XV ListofContributors. . . . . . . . . . . . . . . . . . . . . •. . ••. . . . . . . . . . . . . . . . . . . . . . . . . . •. . . •. . . . ••. . . . . . . •. . . . •. . . . •. . . . . . . •. . . . . . . XX CountryReports. . •. . . . . . . . . . . . . . . . . . . . . . . . •••. . •. . . . . . . . . . . •. ••••. •. . . . ••. •. . . . •. . . . . . . . . . . . . . . . . . . . . •. . . •. . . . . . . . . •. . •. . 1 Austria(E. KarnerandH. Koziol)••••••••••••. ••••••••••••••••••••. •••••••••••••••••••••••••••••••••••••••1 I. General. . . . . . . . . . . . . . •. . . . •. . . . . •. . . . . . . •. . . . . . . . . . •••. . . . . . . . . •. . . . . . . . ••. •. . . . . •. . . . •. . . . . . . . . . . . •. . . . . •. . . . . . . . . 1 II. PersonalInjuryandDeath. . . . . . . . . . . . . . . •. . •. . . . . . . . . . . . . . . . . . •. . . . . . . . . . •. . . . •. . . . . . . . . . . . . •. . . . •. . 4 General 4 SpecificCases c••••••••••••••••••••••••14 Refonn 15 III. Non-PersonalInjuryCases. . •. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . •. . . . . . . . . . . . . . . . . . . . . •. . •. . . . . . . 16 General 16 SpecificCases 24 Belgium(H. CousyandD. Droshout) 28 I. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . •. . . . . . . . . . . . . . . . . . •. . •. . . . . . . . . . . . •. . . . . . . . . . •. . . . . . . •. . . . . . . . . . . . . . . . 28 II. PersonalInjuryandDeath. . . . . . . •. . . . . . . . . . . . . . . . . . •. . . . . . . •. . . . . . . . •. . . . ••. . . . . . •. . . . . . . . •. . . . . . . 33 General 33 SpecificCases 44 Refonn 48 III. Non-PersonalInjuryCases. . . . . . . •. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . •. . . . . 48 General 48 SpecificCases 52 England(W V. H. Rogers)•. ••••••••. . •. •. . ••••••••. ••••••••••. •••••••••••. . •••••. •••••••••••••••••••••••••••54 I. General. . . . . . . . . . . •. . . . . . . . . . . . . . . . . . •. . •. . . . . . . . . . . . . . . . . . . . . . . . . . •. . . . . . . . . . . . . . . . . . . . . . . . . . . . •. . . . . . . . ••. . . . . . 54 II.

Download or read book Damages for non pecuniary loss in a comparative perspective written by Ewa Bagińska and published by . This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Damages for Non pecuniary Loss written by Ewan and Katherine Worthington McKendrick and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Damages for Personal Injury Non pecuniary Loss written by Great Britain. Law Commission and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Law of Damages written by A. I. Ogus and published by London : Butterworths. This book was released on 1973 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Essential Cases on Damage written by Benedict Winiger and published by Walter de Gruyter. This book was released on 2011-11-30 with total page 1218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rules.

Download or read book Tort Law written by Keith N. Hylton and published by Cambridge University Press. This book was released on 2016-06-06 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.

Download or read book Damages for Personal Injury written by Great Britain. Law Commission and published by . This book was released on 1995 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Personal Injury Damages in Canada written by Kenneth D. Cooper-Stephenson and published by . This book was released on 1981 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Breach of Contract and Damages for Non Pecuniary Loss written by Katarzyna Kryla-Cudna and published by . This book was released on 2018 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this article is to investigate whether non-pecuniary interests of the parties should be protected in contract law and what should be the scope of such protection. The paper sheds light on the theoretical framework of contract remedies and claims that moral damages are necessary for an adequate protection of the interests of the parties to a contract. It further investigates the policy arguments against the recoverability of non-pecuniary loss in contract law and argues that such arguments cannot be considered a sufficient justification for a bar to moral damages. Finally, based on a survey of case law from several European jurisdictions, the article provides insight into the kinds of non-pecuniary consequences that may arise from a breach of contract.

Download or read book Personal Injury and Damages for Non pecuniary Loss in the Law of Torts and the Product Liability Law written by Isara Lovanich and published by . This book was released on 2011 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Compensatory Damages for Personal Injury written by Anton Shead and published by . This book was released on 1998 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Damages for Personal Injury written by and published by . This book was released on 1995 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The European Court of Human Rights written by Helmut P. Aust and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.