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Aspects of Damages and Costs

Dario Milo

in Defamation and Freedom of Speech

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199204922
eISBN:
9780191709449
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204922.003.0007
Subject:
Law, Law of Obligations, Human Rights and Immigration

This chapter discusses a number of issues relating to damages awards in defamation law, specifically, the presumption that the claimant has suffered damage to his reputation, the availability of ... More


Deterrence and Punishment

Solène Rowan

in Remedies for Breach of Contract: A Comparative Analysis of the Protection of Performance

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199606603
eISBN:
9780191738722
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606603.003.0005
Subject:
Law, Company and Commercial Law

This chapter focuses on a debate that has recently been ignited in England as to whether there may be a role for punitive damages for breach of contract. Should there be a desire to increase the ... More


EXPLICIT PROPORTIONALITY PRINCIPLES IN DISCRETE AREAS OF AMERICAN JURISPRUDENCE

E. Thomas Sullivan and Richard S. Frase

in Proportionality Principles in American Law: Controlling Excessive Government Actions

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195324938
eISBN:
9780199869411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195324938.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter discusses explicit proportionality principles in the Supreme Court's constitutional jurisprudence and also reviews the internal inconsistencies in the Court's analysis. The first section ... More


Punitive Damages in International Law

Nina H. B. Jørgensen

in The Responsibility of States for International Crimes

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198298618
eISBN:
9780191685491
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298618.003.0018
Subject:
Law, Public International Law

This chapter describes categories of damages such as moral damage, aggravated damages, exemplary damages, vindictive damages, and punitive damages. It focuses on the possible punitive function of ... More


Remedies

Robert Stevens

in Torts and Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.003.0004
Subject:
Law, Law of Obligations

Where specific relief is sought, such as an injunction, this is not accurately described as a remedy for a tort, as the court is enforcing the primary right. Similarly, self help ‘remedies’ are not ... More


Punitive or Exemplary Damages

DINAH SHELTON

in Remedies in International Human Rights Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207534
eISBN:
9780191708794
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207534.003.0011
Subject:
Law, Human Rights and Immigration

Most human rights tribunals have either a textual or inherent basis for enhancing damage awards to deter and punish wrongdoing. Fundamentally, the question of punitive or exemplary damages is one of ... More


Damages

Jennifer K. Robbennolt and Valerie P. Hans

in The Psychology of Tort Law

Published in print:
2016
Published Online:
May 2017
ISBN:
9780814724941
eISBN:
9780814724712
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814724941.003.0007
Subject:
Psychology, Social Psychology

This chapter presents a summary of psychological issues underlying claims for and awards of money damages. It takes a psychological perspective on plaintiffs who are seeking damages, assessing the ... More


Punishment and Disgorgement as Contract Remedies

Ernest J. Weinrib

in Corrective Justice

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199660643
eISBN:
9780191748288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660643.003.0006
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter discusses whether courts are justified in requiring parties who breach their contracts to disgorge their gains or to be subject to punitive damages. Because remedies are the continuation ... More


Punitive Damage Awards are Excessive and Unpredictable

Brian H. Bornstein and Edie Greene

in The Jury Under Fire: Myth, Controversy, and Reform

Published in print:
2017
Published Online:
February 2017
ISBN:
9780190201340
eISBN:
9780190201357
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190201340.003.0010
Subject:
Psychology, Forensic Psychology

Many criticisms of juries concentrate on civil juries, alleging that they award plaintiffs excessive and unpredictable punitive damages. Although very large punitive damage awards exist, juries ... More


Deterrence Instructions: What Jurors Won't Do

W. Kip Viscusi

in Punitive Damages: How Juries Decide

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226780146
eISBN:
9780226780160
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226780160.003.0013
Subject:
Law, Company and Commercial Law

The punitive damages approach advocated by Polinsky and Shavell focuses principally on the observation that dates back to Jeremy Bentham that punishment levels should be related to the reciprocal of ... More


Supplemental Compensation

Borzu Sabahi

in Compensation and Restitution in Investor-State Arbitration: Principles and Practice

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199601189
eISBN:
9780191729201
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199601189.003.0006
Subject:
Law, Public International Law, Company and Commercial Law

In addition to compensation or restitution for material damage, supplemental compensation is necessary to put the victim of an unlawful act fully in the hypothetical position that would exist save ... More


Torts

Symeon C. Symeonides

in Choice of Law

Published in print:
2016
Published Online:
June 2016
ISBN:
9780190496722
eISBN:
9780190496753
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190496722.003.0008
Subject:
Law, Comparative Law, Private International Law

This chapter shifts from doctrine and methodology to actual practice and substantive outcomes. It surveys the tort conflicts cases decided by American courts in the 50-plus years since the ... More


Introduction: The Problem and Efforts to Understand It

George L. Priest

in Punitive Damages: How Juries Decide

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226780146
eISBN:
9780226780160
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226780160.003.0001
Subject:
Law, Company and Commercial Law

Over the past two decades, the United States has experienced a dramatic increase in the incidence and magnitude of punitive damages verdicts rendered by juries in civil litigation. The magnitude of ... More


Ethical Argument

Lackland H. Bloom

in Methods of Interpretation: How the Supreme Court Reads the Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195377118
eISBN:
9780199869510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377118.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the use of ethical argument by the Court. It examines the arguable employment of such methodology under the Cruel and Unusual Punishment Clause of the Eighth Amendment focusing ... More


Normative Theories of Punitive Damages: The Case of Deterrence

Anthony J. Sebok

in Philosophical Foundations of the Law of Torts

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198701385
eISBN:
9780191770654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701385.003.0016
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter examines the normative arguments for common law punitive damages. It focuses on one normative argument in particular, that punitive damages can be justified because they deter ... More


Corporate Risk Analysis: A Reckless Act?

W. Kip Viscusi

in Punitive Damages: How Juries Decide

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226780146
eISBN:
9780226780160
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226780160.003.0011
Subject:
Law, Company and Commercial Law

Many instances of juror responses to what could be considered routine corporate product-safety decision making raise questions about how jurors think about punitive damages awards in products ... More


Putting It All Together

Hastie Reid

in Punitive Damages: How Juries Decide

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226780146
eISBN:
9780226780160
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226780160.003.0016
Subject:
Law, Company and Commercial Law

This chapter reviews some major empirical findings and extracts some essential principles and themes on the behavior of jurors, juries, and judges making punitive damages decisions. The empirical ... More


Punitive Damages in Strasbourg

Paulo Pinto de Albuquerque and Anne van Aaken

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0013
Subject:
Law, Public International Law, Human Rights and Immigration

‘Punitive damages’ have long been controversially discussed in national as well as in international law. This is not different for the European Court of Human Rights. Until now the Court has ... More


Punitive Damages: How Juries Decide

Cass R. Sunstein, Reid Hastie, John W. Payne, David A. Schkade, and W. Kip Viscusi

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226780146
eISBN:
9780226780160
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226780160.001.0001
Subject:
Law, Company and Commercial Law

Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. In cases involving accidents, ... More


Products Liability

Symeon C. Symeonides

in Choice of Law

Published in print:
2016
Published Online:
June 2016
ISBN:
9780190496722
eISBN:
9780190496753
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190496722.003.0009
Subject:
Law, Comparative Law, Private International Law

This chapter reviews the decisions of American courts in resolving product liability conflicts over the last 25 years. It classifies cases into fact-law patterns depending on the parties’ contacts ... More


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