A Company's Right to Damages for Non-Pecuniary Loss

by Vanessa Wilcox

Overview

Applying appropriate legal rules to companies with as much consistency and as little consternation as possible remains a challenge for legal systems. One area causing concern is the availability of damages for non-pecuniary loss to companies, a disquiet that is rooted in the very nature of such damages and of companies themselves. In this book, Vanessa Wilcox presents a detailed examination of the extent to which damages for non-pecuniary loss can be properly awarded to companies. The book focusses on the jurisprudence of the European Court of Human Rights and English law, with a chapter also dedicated to comparative treatment. While the law must be adaptable, Wilcox concludes that considerations of coherency, certainty and ultimately justice dictate that the resulting rules should conform to certain core legal principles. This book lays the foundation for further comparative research into this topic and will be of interest to both the tort law and broader legal community.

Product Details

ISBN-13:	9781316504970
Publisher:	Cambridge University Press
Publication date:	12/20/2018
Pages:	226
Product dimensions:	5.98(w) x 9.06(h) x 0.47(d)

About the Author

Vanessa Wilcox is a senior legal researcher at the Austrian Academy of Sciences' Institute for European Tort Law.

Table of Contents

Preface; Part I. Background: 1. Introduction; 2. Corporations, damage and damages; Part II. The European Court of Human Rights: 3. Corporate rights under the ECHR; 4. EctHR's approach to corporate non-pecuniary loss; Part III. English Law: 5. Tort law and the corporation; 6. Aggravated damages for corporate victims?; 7. Attribution theory; Part IV. Comparative Analysis and Conclusion: 8. Comparative analysis; 9. Conclusion.

Editorial Reviews

'… the arguments are developed [with overall ease and simplicity] throughout the whole book. This makes Vanessa Wilcox’s work, A Company’s Right to Damages for Non-Pecuniary Loss, interesting and valuable for everyone who is attracted to the intricacies of the relevant areas of law and wishes to gain a better understanding of the direction of its future development.' Zlatin Zlatev, Modern Law Review

From the Publisher