Tort and Insurance Law, vol. 25

Helmut Koziol/Vanessa Wilcox (eds.)
Punitive Damages: Common Law and Civil Law Perspectives

Tort and Insurance Law, vol. 25

originally published with Springer (Vienna/New York); now available at Verlag Österreich (Vienna)
335 p. ISBN 978-3-7046-6117-3 

Language: English

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Punitive damages remain one of the most controversial areas in the history of tort law. With the growing discourse on the subject on the continent and indeed across the globe, the Institute for European Tort Law of the Austrian Academy of Sciences concluded that it seemed worthwhile and even an urgency to discuss, thoroughly and on a comparative basis, the nature, role and suitability of such damages in tort law and private law in general. This is especially so in light of the attempts to reform and unify continental European legal systems and the recent seminal judgments and consultations in this field of law.

The Institute for European Tort Law thus embarked on a comprehensive study on punitive damages in 2007 and its publication, Punitive Damages: Common Law and Civil Law Perspectives, is now widely available. The European Centre of Tort and Insurance Law (ECTIL) also supported this publication through an operating grant from the European Commission.

The study covers jurisdictions that openly endorse punitive damages, in particular, England, South Africa and the United States as well as those jurisdictions which purport (sometimes emphatically) to deny their existence (although some of them covertly incorporate punitive damages into the framework of their tort systems). The position in France, Germany, Italy, Spain, Hungary, the Scandinavian countries as well as EU Law are thus considered.
The study also includes a report on punitive damages from an insurance, law and economics and private international law perspective. A report on aggravated damages precedes a comparative report and conclusions. The publication follows a Conference held in November 2008 which was chaired by Sir Henry Brooke, whose chairmanship of the Law Commission for England and Wales coincided with the start of the Commission’s consultation on punitive damages, and Prof. Ken Oliphant, the recently appointed Director of the Institute for European Tort Law.
It will appeal to students, academics, practitioners, judges, policy makers and those in the insurance industry.

Contents and Contributors
A Brief Introduction: The Origins of Punitive Damages
Sir Henry Brooke

Country Reports

Punitive Damages in England
Vanessa Wilcox

Punitive Damages in France
Jean-Sébastien Borghetti

Punitive Damages in Germany
Nils Jansen and Lukas Rademacher

Punitive Damages in Hungary
Attila Menyhárd

Punitive Damages in Italy
Alessandro P. Scarso

Punitive Damages in Scandinavia
Bjarte Askeland

Punitive Damages in South Africa
Johann Neethling

Punitive Damages in Spain
Pedro del Olmo

Punitive Damages in the United States
Anthony J. Sebok

Punitive Damages in European Law
Bernhard A. Koch

Special Reports

Punitive Damages and Liability Insurance
Ina Ebert

Economic Analysis of Punitive Damages
Louis T. Visscher

Punitive Damages from a Private International Law Perspective
Marta Requejo Isidro

Aggravated Damages
Anthony J. Sebok/Vanessa Wilcox

Punitive Damages: Admission into the Seventh Legal Heaven or Eternal Damnation?
Comparative Report and Conclusions

Helmut Koziol