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Landmark Cases in the Law of Punitive Damages

Landmark Cases in the Law of Punitive Damages

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509967001
  • 出版时间 December 2023
  • 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: 9781509967049

List Price: ¥1,410.00

¥1,367.70 Save ¥42.30 (3%)

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  • 描述 
  • 大纲 
  • 详细

    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.

  • 1. Huckle v Money (1763): Exemplary Damages and Liberty of the Subject
    TT Arvind (University of York, UK) and Jenny Steele (University of York, UK)
    2. Wilkes v Wood (1763): General Warrants and Punitive Damages
    David Ibbetson (University of Cambridge, UK)
    3. Bell v Midland Railway Co (1861): The Curious Case of the Disputing Directors
    Emily Gordon (University College London, UK)
    4. Rookes v Barnard (1964): Going off the Lines
    Iain Field (University of Queensland, Australia)
    5. Cassell & Co Ltd v Broome (1972): Maritime, Generational and Judicial Clashes
    James Goudkamp (University of Oxford, UK)
    6. Lamb v Cotogno (1987): Insured Punishment
    Kit Barker (University of Queensland, Australia)
    7. German Federal Court of Justice (BGH 4 June 1992), case number IX ZR 149/91, John Doe v Eckhard Schmitz: The Dilemma of German Law with Punitive Damages
    Johannes Ungerer (University of Oxford, UK)
    8. John v MGN Ltd (1995): Enclosing the Jury Paddock?
    Mark Lunney (King's College London, UK)
    9. Gray v Motor Accident Commission (1998): Does the Criminal Punishment of the Defendant Bar Exemplary Damages? Questions Answered and Unanswered
    Felicity Maher (University of Western Australia, Australia)
    10. Kuddus v Chief Constable of Leicestershire Constabulary (2001): A Milestone in the Expansion of Punitive Damages
    Eleni Katsampouka (University of Cambridge, UK)
    11. Whiten v Pilot Insurance Co (2002): How Can Something So Wrong Feel So Right?
    Zoë Sinel (University of Western Ontario)
    12. Harris v Digital Pulse Pty Ltd (2003): Equity, Penalties, Controversy and Costs
    Mark Leeming (University of Sydney, Australia)
    13. State Farm Mutual Automobile Insurance Co v Campbell (2003): The Misguided Legacy of Proportionality
    Catherine Sharkey (New York University, USA)
    14. Mathias v Accor Economy Lodging, Inc (2003): Judge Richard A Posner's Message and Method on Punitive Damages
    Ellen Bublick (University of Arizona, USA)
    15. Schlenzka & Langhorne v Fountaine Pajot (2010): The Recognition and Enforcement of Foreign Punitive Damages Awards in France
    Sole`ne Rowan (King's College London, UK)
    16. Couch v A-G (No 2) (2010): The Susan Couch Litigation
    Stephen Todd (University of Canterbury, UK)
    17. PH Hydraulics & Engineering Pte Ltd v Airtrust (Hong Kong) Ltd (2017): Orthodoxy Rules
    Pey Woan Lee (Singapore Management University, Singapore)

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