Exemplary Damages: A Tale of Two Systems, Part II

Posted on Jun 2, 2014 in Bugg’s Boilerplate, General

English Law Exemplary Damages Punitive damages outside the U.S. jurisdictions are generally refereed to in the common law systems as exemplary damages and they have a relative minor role to play in legal cases compared to the U.S. situation. The English position that damages should compensate rather than be awarded as a deterrence or punishment is reflected in case law. In Rookes v Barnard (1964) Lord Devlin proposed two very limited and...

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A Tale of Two Systems, Part I

Posted on Jun 2, 2014 in Bugg’s Boilerplate, General

U.S. Punitive Damages In the United States jurisdictions punitive damages have taken on almost folkloric qualities with numerous cases (both true and false) circulating in the internet and elsewhere on astronomically-high awards being made by juries that go beyond compensation and are intended to see the wrongdoer (tortfeasor) punished. One of the most popular stories in this area involves a fast food chain and some very hot coffee. It is a...

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June 2014

Posted on Jun 2, 2014 in General, Lawspeak

Should the judiciary be pro-actively involved in addressing perceived social imbalances and injustices? If so, to what extent should a court be entitled to “punish” without such sanctions first being set out by the legislature in statute? These are interesting constitutional, jurisprudential and philosophical issues that reflect the conflict not only between common (case) law and statute law but also between the role of the legislature and the...

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