Punitive Damages: Common Law and Civil Law Perspectives
With the growing literature on the subject of punitive damages, the consensus is that it seems worthwhile and even necessary to discuss, thoroughly and on a comparative basis, the nature, role and suitability of such damages in tort law and private law in
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Tort and Insurance Law Vol. 25 Edited by the
Institute for European Tort Law of the Austrian Academy of Sciences
Helmut Koziol Vanessa Wilcox (eds.) Punitive Damages: Common Law and Civil Law Perspectives
With Contributions by Bjarte Askeland Jean-Sébastien Borghetti Henry Brooke Ina Ebert Marta Requejo Isidro Nils Jansen Bernhard A. Koch Helmut Koziol
Attila Menyhárd Johann Neethling Pedro del Olmo Lukas Rademacher Alessandro P. Scaso Anthony J. Sebok Louis T. Visscher Vanessa Wilcox
SpringerWienNewYork
Austrian Academy of Sciences Institute for European Tort Law Reichsratsstraße 17/2 1010 Vienna, Austria Tel.: +43 1 4277 29651 Fax: +43 1 4277 29670 E-Mail: [email protected]
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Product Liability: The publisher can give no guarantee for all the information contained in this book. This also refers to information about drug dosage and application thereof. In every individual case the respective user must check its accuracy by consulting other pharmaceutical literature. © 2009 Springer-Verlag / Wien Printed in Germany Springer-Verlag Wien New York is part of Springer Science + Business Media springer.at Typesetting: Composition & Design Services, Minsk, Belarus Printing: Strauss GmbH, 69509 Mörlenbach, Germany Printed on acid-free and chlorine-free bleached paper SPIN: 12578559 Library of Congress Control Number: 2009928375 ISSN 1616-8623
ISBN 978-3-211-92210-1 SpringerWienNewYork
This book is dedicated to Ulrich Magnus on the occasion of his 65th birthday
Preface Punitive damages remain one of the most controversial areas in the history of tort law. With the growing literature on the subject, the consensus is that it seems worthwhile and even necessary 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 decided to embark on a comprehensive study on punitive damages. The study, which began in 2007, covers jurisdictions that explicitly allow the award of 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, Hungary, Italy, the Scandinavian countries, Spain as well as EU law is thus considered. This book also includes reports on punitive damages from an insurance, law and economics and private international law perspective. A report on aggravated damages precedes a comparative report
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