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A Company's Right to Damages for Non-Pecuniary Loss

A Company's Right to Damages for Non-Pecuniary Loss

  • 作者:
  • 出版商: Cambridge University Press
  • ISBN: 9781107139275
  • 出版时间 August 2016
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781316504970
¥806.52
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  • 描述 
  • 大纲 
  • 详细

    Applying appropriate legal rules to companies with as much consistency and as little consternation as possible remains a challenge for legal systems.

    One area causing concern is the availability of damages for non-pecuniary loss to companies, a disquiet that is rooted in the very nature of such damages and of companies themselves.

    In this book, Vanessa Wilcox presents a detailed examination of the extent to which damages for non-pecuniary loss can be properly awarded to companies. The book focusses on the jurisprudence of the European Court of Human Rights and English law, with a chapter also dedicated to comparative treatment. While the law must be adaptable, Wilcox concludes that considerations of coherency, certainty and ultimately justice dictate that the resulting rules should conform to certain core legal principles.

    This book lays the foundation for further comparative research into this topic and will be of interest to both the tort law and broader legal community.

  • Preface

    Part I. Background:
    1. Introduction
    2. Corporations, damage and damages

    Part II. The European Court of Human Rights:
    3. Corporate rights under the European Convention on Human Rights
    4. Case law of the court on non-pecuniary damages to corporations

    Part III. English Law:
    5. Tort law and the corporation
    6. Aggravated damages for corporate victims?
    7. Attributing the non-pecuniary damage suffered by individuals to the corporate victim

    Part IV. Comparative Analysis and Conclusion:
    8: Corporations and non-pecuniary damages in a comparative perspective
    9: Conclusion.

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