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Author : Linda L. Schlueter
Publisher : Unknown
Page : 128 pages
File Size : 52,5 Mb
Release : 2010
Category : Exemplary damages
ISBN : 1579113214
Author : Cass R. Sunstein,Reid Hastie,John W. Payne,David A. Schkade,W. Kip Viscusi
Publisher : University of Chicago Press
Page : 299 pages
File Size : 53,7 Mb
Release : 2008-12-19
Category : Law
ISBN : 9780226780160
Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking "severity shift" toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; showed "hindsight bias," believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.
Author : Helmut Koziol,Vanessa Wilcox
Publisher : Springer
Page : 0 pages
File Size : 40,9 Mb
Release : 2011-11-30
Category : Law
ISBN : 3709109647
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 general. This book contains reports from selected jurisdictions that explicitly allow the award of punitive damages as well as from jurisdictions which purport (sometimes emphatically) to deny their existence (although a number covertly incorporate such damages into the framework of their tort systems). It benefits from an economic analysis of punitive damages, a report from a private international law perspective, one on their insurability and one on aggravated damages. The book’s comparative report and conclusion critically evaluates the material in the above reports and advances a thorough analysis of the nature of punitive damages, the cases for and against them, and their suitability in the field of tort law. Alternative remedies in private and criminal law are also considered. The publication will appeal to students, academics, practitioners, judges, policy makers and those in the insurance industry.
Author : Lotte Meurkens,Emily Nordin
Publisher : Unknown
Page : 0 pages
File Size : 43,6 Mb
Release : 2012
Category : Exemplary damages
ISBN : 1780680473
"In November 2010, the Ius Commune Research School devoted the Liability and Insurance workshop on its annual conference to the "Power of Punitive Damages" "--Back cover.
Author : Kenneth Robert Redden,George Albert Bates
Publisher : MICHIE
Page : 580 pages
File Size : 44,6 Mb
Release : 1980
Category : Damages
ISBN : UCAL:B4307561
Author : Ontario Law Reform Commission
Publisher : Unknown
Page : 128 pages
File Size : 42,9 Mb
Release : 1991
Category : Compensation (Law)
ISBN : OCLC:848701144
Author : John J. Kircher,Christine M. Wiseman
Publisher : Unknown
Page : 1832 pages
File Size : 52,9 Mb
Release : 2000
Category : Exemplary damages
ISBN : STANFORD:36105060196321
Author : American Bar Association. Special Committee on Punitive Damages
Publisher : Unknown
Page : 116 pages
File Size : 54,8 Mb
Release : 1986
Category : Damages
ISBN : STANFORD:36105043966824
Author : Kenneth D. Cooper-Stephenson,Iwan B. Saunders
Publisher : Unknown
Page : 828 pages
File Size : 48,5 Mb
Release : 1981
Category : Damages
ISBN : UCAL:B4591031
Author : James Goudkamp,Eleni Katsampouka
Publisher : Bloomsbury Publishing
Page : 421 pages
File Size : 42,6 Mb
Release : 2023-12-28
Category : Law
ISBN : 9781509967018
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.
Author : United States. Congress. Senate. Committee on the Judiciary
Publisher : Unknown
Page : 110 pages
File Size : 45,5 Mb
Release : 1999
Category : Law
ISBN : STANFORD:36105050026892
Author : Helmut Koziol,Vanessa Wilcox
Publisher : Springer
Page : 335 pages
File Size : 52,9 Mb
Release : 2010-05-03
Category : Law
ISBN : 3211922873
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 general. This book contains reports from selected jurisdictions that explicitly allow the award of punitive damages as well as from jurisdictions which purport (sometimes emphatically) to deny their existence (although a number covertly incorporate such damages into the framework of their tort systems). It benefits from an economic analysis of punitive damages, a report from a private international law perspective, one on their insurability and one on aggravated damages. The book’s comparative report and conclusion critically evaluates the material in the above reports and advances a thorough analysis of the nature of punitive damages, the cases for and against them, and their suitability in the field of tort law. Alternative remedies in private and criminal law are also considered. The publication will appeal to students, academics, practitioners, judges, policy makers and those in the insurance industry.
Author : Linda L. Schlueter,Kenneth R. Redden
Publisher : Unknown
Page : 0 pages
File Size : 42,8 Mb
Release : 1989
Category : Electronic
ISBN : OCLC:832504229
Author : Erik Moller,Nicholas Michael Pace,Stephen J. Carroll
Publisher : RAND Corporation
Page : 0 pages
File Size : 52,6 Mb
Release : 1997
Category : Exemplary damages
ISBN : 0833025341
This report provides the techincal details of an Institute for Civil Justice analysis of trends and patterns in punitive damage awards in financial injury cases in selected jurisdictions during the period 1985-1994.
Author : Linda L. Schlueter,Kenneth R. Redden
Publisher : Unknown
Page : 128 pages
File Size : 53,8 Mb
Release : 2024-05-10
Category : Electronic
ISBN : 0327123346