Public interest damages
This article argues that punitive, nominal, contemptuous, vindicatory, and disgorgement damages (commonly referred to as non-compensatory damages) can be collectively analysed as public interest damages because all these awards are justified by violations of public interests in addition to violation...
| Main Author: | |
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| Format: | Journal article |
| Language: | English |
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Cambridge University Press
2020
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| _version_ | 1797053650776883200 |
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| author | Janeček, V |
| author_facet | Janeček, V |
| author_sort | Janeček, V |
| collection | OXFORD |
| description | This article argues that punitive, nominal, contemptuous, vindicatory, and disgorgement damages (commonly referred to as non-compensatory damages) can be collectively analysed as public interest damages because all these awards are justified by violations of public interests in addition to violations of the claimant’s rights. To the extent they are awarded in the public interest, noncompensatory damages feature a distinctively public element in private law. In contrast with compensatory damages, public interest damages are justified by ‘non-correlative wrongdoing’, ie infringements of interests which are valuable to the community rather than to the claimant. This helps us to understand how public interest damages differ from traditional damages awards and why public interest damages should be treated as an exceptional remedy. In support of these claims, the article offers an original analytic framework of reasons that justify damages awards. |
| first_indexed | 2024-03-06T18:46:39Z |
| format | Journal article |
| id | oxford-uuid:0ebf41e8-12a2-4efe-97c4-2c5971a993cb |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-03-06T18:46:39Z |
| publishDate | 2020 |
| publisher | Cambridge University Press |
| record_format | dspace |
| spelling | oxford-uuid:0ebf41e8-12a2-4efe-97c4-2c5971a993cb2022-03-26T09:47:37ZPublic interest damagesJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:0ebf41e8-12a2-4efe-97c4-2c5971a993cbEnglishSymplectic Elements at OxfordCambridge University Press2020Janeček, VThis article argues that punitive, nominal, contemptuous, vindicatory, and disgorgement damages (commonly referred to as non-compensatory damages) can be collectively analysed as public interest damages because all these awards are justified by violations of public interests in addition to violations of the claimant’s rights. To the extent they are awarded in the public interest, noncompensatory damages feature a distinctively public element in private law. In contrast with compensatory damages, public interest damages are justified by ‘non-correlative wrongdoing’, ie infringements of interests which are valuable to the community rather than to the claimant. This helps us to understand how public interest damages differ from traditional damages awards and why public interest damages should be treated as an exceptional remedy. In support of these claims, the article offers an original analytic framework of reasons that justify damages awards. |
| spellingShingle | Janeček, V Public interest damages |
| title | Public interest damages |
| title_full | Public interest damages |
| title_fullStr | Public interest damages |
| title_full_unstemmed | Public interest damages |
| title_short | Public interest damages |
| title_sort | public interest damages |
| work_keys_str_mv | AT janecekv publicinterestdamages |