Punitive Damages and the Place of Punishment in Private Law.
It has long been orthodoxy that punitive damages, because they are awarded in order to punish, are an anomalous remedy. So entrenched is this understanding that it has never been seriously challenged. However, even apparent truisms about the law should be questioned and, accordingly, this article of...
| Publicado en: | Modern Law Review Vol. 84; no. 6; pp. 1257 - 1294 |
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| Autores principales: | , |
| Formato: | Artículo |
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Wiley-Blackwell
Nov2021
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=153816616&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 153816616 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 00267961 D8H jtl: Modern Law Review issn: 00267961 maglogo: Y pubinfo: dt: Nov2021 vid: 84 iid: 6 pid: 480 pub: Wiley-Blackwell artinfo: ui: 153816616 10.1111/1468-2230.12654 ppf: 1257 ppct: 37 formats: fmt: – @attributes: type: T – @attributes: type: P size: 382KB tig: atl: Punitive Damages and the Place of Punishment in Private Law. aug: au: Goudkamp, James Katsampouka, Eleni su: Civil law Civil procedure Interpretation & construction of civil law Declaration of intention Criminal justice system United Kingdom sug: subj: United Kingdom Civil law Civil procedure Interpretation & construction of civil law Declaration of intention Criminal justice system keyword: Contract Restitution Tort law ab: It has long been orthodoxy that punitive damages, because they are awarded in order to punish, are an anomalous remedy. So entrenched is this understanding that it has never been seriously challenged. However, even apparent truisms about the law should be questioned and, accordingly, this article offers a rival account. It contends that the deeply ingrained view that punitive damages are an aberration is a half‐truth because several other remedial rules are also aimed, at least in certain circumstances, at punishment. We concentrate in this regard on the doctrine of remoteness and its attenuation where the defendant has intentionally injured the claimant, aggravated damages, the account of profits remedy and general damages. Overthrowing the orthodox understanding regarding punitive damages has important prescriptive implications. In particular, it follows that the belief that punitive damages are an alien presence in private law supplies no basis for confining the jurisdiction to award them. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Modern Law Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Modern Law Review holder: Wiley-Blackwell dt: @attributes: year: 2021 holdings: @attributes: islocal: N |
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