Halson, DR (2015) The Recovery of Damages for Non-Pecuniary Loss in the United Kingdom: A Critique and Proposal for a New Structure Integrating Recovery in Contract and Tort. Chinese Journal of Comparative Law, 3 (2). pp. 245-267. ISSN 2050-4802
Abstract
This paper seeks to give an integrated and critical account of the availability of damages for non-pecuniary loss in England and Wales across contract and tort. In the past the availability of such damages in the law of obligations has been addressed in the context of separate discussions of available remedies for either breach of contract or the commission of a tort. The proposal in this paper is structured around a variation of a six fold classification which has received recent endorsement by the English Court of Appeal in the important and remarkable, but mostly unnoticed, case of Simmons v Castle (2012).
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author (2015). Published by Oxford University Press. All rights reserved. This is a pre-copyedited, author-produced PDF of an article accepted for publication in the Chinese Journal of Comparative Law following peer review. The version of record, "Halson, DR (2015) The Recovery of Damages for Non-Pecuniary Loss in the United Kingdom: A Critique and Proposal for a New Structure Integrating Recovery in Contract and Tort. Chinese Journal of Comparative Law, 3 (2). pp. 245-267" is availabe online at https://dx.doi.org/10.1093/cjcl/cxv008. |
Keywords: | Contract, Tort, Damages, Non-pecuniary Loss |
Dates: |
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Institution: | The University of Leeds |
Depositing User: | Symplectic Publications |
Date Deposited: | 30 Sep 2016 14:10 |
Last Modified: | 28 Sep 2017 13:14 |
Published Version: | https://dx.doi.org/10.1093/cjcl/cxv008 |
Status: | Published |
Publisher: | Oxford University Press |
Identification Number: | 10.1093/cjcl/cxv008 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:101720 |