Non-Compensatory Damages in English Law : A Reinterpretation.

Format:

Book

Author/Creator:

Janecek, Vaclav, author.

Series:

Hart Studies in Private Law.

Hart Studies in Private Law

Language:

English

Subjects (All):

Civil law--Great Britain.

Civil law.

Compensation (Law)--Great Britain.

Compensation (Law).

Conflict of laws--Damages--Great Britain.

Conflict of laws.

Damages--Great Britain.

Damages.

Torts--Great Britain.

Torts.

Physical Description:

1 online resource (245 pages)

Edition:

1st ed.

Place of Publication:

London : Bloomsbury Publishing (UK), 2026.

System Details:

text file rdaft

Summary:

This book gives the first detailed analysis of non-compensatory damages ('NCDs') as a category in English tort and contract law.The book argues that most NCD awards are defined as those justified by damage to public interests and that they are in contrast to compensatory awards.

Contents:

Intro

Acknowledgements

Contents

Table of Cases

Table of Statutes

Table of Delegated Legislation

Table of Other Sources

1 . Introduction

I. The Book in a Nutshell

II. The Scope of the Book

III. The Current Usage of the Term ' Non-Compensatory Damages ' and the Adjective ' Non-Compensatory '

IV. A Contribution to the Scholarship

V. A Book Outline and Methodology

PART I: NON-COMPENSATORY DAMAGES

2 . Defining Damages and Their Functions

I. Non-Compensatory Damages as ' Damages '

II. Compensatory and Non-Compensatory Functions of Damages

III. Conclusion

3 . Correlative and Non-Correlative ' Damage '

I. Justifying Reasons for Measures of Damages

II. Resulting ' Damage '

III. Damage to ' Protected Interests '

IV. The Justificatory Role of Protected Interests

V. Two Fundamental Justifications

VI. Conclusion

4 . Analysing Non-Compensatory Damages

I. Punitive Damages

II. Nominal Damages

III. Contemptuous Damages

IV. Vindicatory Damages

V. Gain-Based Damages: Restitutionary Damages

VI. Gain-Based Damages: Disgorgement Damages

VII. Conclusion

PART II: PUBLIC INTEREST DAMAGES

5 . Non-Compensatory Damages and Public Interests

I. The Public Interest: An Undefined Concept

II. The Public Interest: A Well-Established Use

III. How to Determine which Matters are of Public Interest ?

IV. The ' Hypothetical Waiver ' Method

V. Testing the Method: Cases Concerning Damage to Public Interests

VI. Testing the Method: Cases not Concerning Damage to Public Interests

6 . The Case for a Collective Approach

I. Overlaps Amongst the Various Forms of Public Interest Damages

II. Distinctive Ethical Concerns

III. Co-Ordination without Unification

IV. Inconsistency of Remedies

V. Conclusion.

7 . The Way Forward

I. Not Available as of Right

II. Pro-Active Courts

III. Further Implications

IV. Possible Objections

V. Conclusion

8 . Conclusion

Bibliography

Index.

ISBN:

1-5099-8146-2

1-5099-8144-6

OCLC:

1581079437