Full Description
This book gives the first detailed analysis of non-compensatory damages ('NCDs') as a category in English tort and contract law.
The book argues that most NCD awards are defined as those justified by damage to public interests and that they are in contrast to compensatory awards. The author argues that NCDs should be treated as a distinct class of awards. It shows how such a collective approach could be implemented in practice, without compromising the core tenets of the doctrines governing the award of NCDs. Offering both a unique theoretical framework and an emphasis on practical application, this will be of interest to both scholars and practitioners of English private law.
Contents
Part I
1. Introduction
2. Defining Damages and Their Functions
3. Correlative and Non-Correlative 'Damage'
4. Analysing Non-Compensatory Damages
Part II: Public Interest Damages
5. Non-Compensatory Damages and Public Interests
6. The Case for a Collective Approach
7. The Way Forward
8. Conclusion
