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Landmark Cases in the Law of Punitive Damages

2023 - Hart Publishing

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 Text]

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