Full Description
This is the first comprehensive work to capture the rise of moral damages (non-pecuniary loss) in European contract law through a historical and comparative analysis. Unique features of this study include the first classification scheme of the systems into liberal, moderate and conservative regimes, a taxonomy of non-pecuniary loss drawn from a European-wide jurisprudence, and a comprehensive bibliography of the subject. Written by a leading academic on comparative law, Palmer's precise and practical insights on Europe's leading cases will be of great interest to academic researchers and practitioners alike.
Contents
Part I. The Rise of Non-Pecuniary Damage: In European Law: 1. Trapped in categories: on the history of compensation for immaterial damages in European contract law Nils Jansen; 2. Moral damages in the age of codification Vernon Valentine Palmer; 3. The French awakening in the nineteenth century Vernon Valentine Palmer; 4. English law: the search for non-pecuniary damages in an 'historical system' Vernon Valentine Palmer; Part II. The Recovery of Non-Pecuniary Loss: In Modern Contract Law: 5. European contractual regimes: the contemporary approaches Vernon Valentine Palmer; 6. Questionnaire, national reports and commentary: the comparative evidence; 7. Conclusions and observations Vernon Valentine Palmer.
