Landmark cases in the law of punitive damages / edited by James Goudkamp, Eleni Katsampouka.

Oxford : Hart Publishing, 2023.

1st edition

201727

Exemplary damages -- cases.

Civil law.

Remedies (Law)

1. Huckle v Money (1763): Exemplary damages and liberty of the subject

2. Wilkes v Wood (1763): General warrants and punitive damages

3. Bell v Midland Railway Co (1861): The curious case of disputing directors

4. Rookes v Barnard (1964): 'Going off the lines'

5. Cassell & Co Ltd v Broome (1972): Maritime, generational and judicial clashes

6. Lamb v Cotogno (1987): Insured punishment

7. German Federal Court of Justice, Judgment of 4 June 1992, Case IX ZR 149/91 (BGHZ 118, 312) (1992): German law's dilemma with punitive damages

8. John v MGN Ltd (1995): Enclosing the jury paddock?

9. Gray v Motor Accident Commission (1998): Does the criminal punishment of the defendant bar exemplary damages? Questions answered and unanswered

10. Kuddus v Chief Constable of Leicestershire Constabulary (2001): A milestone in the expansion of punitive damages

11. Whiten v Pilot Insurance Co (2002): How can something so wrong feel so right?

12. Harris v Digital Pulse Pty Ltd (2003): Equity, penalties, controversy and costs

13. State Farm Mutual Automobile Insurance Co v Campbell (2003): The misguided legacy of proportionality

14. Mathias v Accor Economy Lodging, Inc (2003): Judge Richard A Posner's message and method on punitive damages

15. Couch v Attorney-General (No 2) (2010): The Susan Couch litigation

16. Schlenzka & Langhorne v Fountaine Pajot (2010): The recognition and enforcement of foreign punitive damages awards in France

17. PH Hydraulics & Engineering Pte Ltd v Airtrust (Hong Kong) Ltd (2017): Orthodoxy rules.

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. - Publisher's website.

Includes bibliographical references and index.

9781509967001

xxvii, 379 page ; 25 cm