Category Archives: Remedies

Paul Hoversten, ‘Punishment but Not a Penalty? Punitive Damages Are Impermissible Under Foreign Substantive Law’

Abstract It is a well-established principle that no court applies the penal laws of another sovereign. But what exactly is a penal law? According to Judge Cardozo, a penal law effects ‘vindication of the public justice’ rather than ‘reparation to one aggrieved’. Although courts have historically treated punitive damages as a purely civil remedy, that […]

Victor Goldberg, ‘Consequential Damages and Exclusion Clauses’

Abstract Contracts often include language excluding compensation for consequential damages. However, the boundary between consequential and direct damages is a blurry one. Courts have used concepts like foreseeability, natural result of the breach, and collateral business in their attempts to define the boundary. Those categories, I argue, are not particularly helpful. I consider three classes […]

‘Measuring Common Claims About Class Actions’

Joanna C Schwartz, The Cost of Suing Business, 65 DePaul Law Review 655 (2016). Joanna C Schwartz’s 2016 article, ‘The Cost of Suing Business’, comes out of the Clifford Symposium on Tort Law and Social Policy at DePaul University College of Law – an annual gathering now in its twenty-fourth year that, under Professor Stephan […]

Keren-Paz and Wright, ‘Liability for Mass Sexual Abuse’

Abstract When harm is caused to victims by multiple injurers, difficult issues arise in determining causation of, legal responsibility for, and allocation of liability for those harms. Nowhere is this more true than in child pornography and sex trafficking cases, in which individuals have been victimized over extended periods of time by hundreds or even […]

‘Save the date: Conference on Punitive Damages and European Private International Law in Milan, 11 May 2018’

“On 11 May 2018 the Department of Italian and Supranational Public Law of the University of Milan will host a conference on Punitive Damages and European Private International Law: State of the Art and Future Developments, in cooperation with the Interest Group on Private International law of the Italian Society of International Law and with […]

Kenneth Abraham, ‘Tort Luck and Liability Insurance’

Abstract Important features of both the incidence and magnitude of tort liability depend heavily, and therefore arbitrarily, on luck. One of a number of examples is the eggshell-plaintiff rule, which imposes liability for all the physical injury a defendant causes, even if the amount of that injury was unforeseeable. In each instance, tort liability hinges […]

Sarit Mizrahi, ‘Ontario’s New Invasion of Privacy Torts: Do They Offer Monetary Redress for Violations Suffered via the Internet of Things?’

Abstract In the age of the Internet of Things, we are all susceptible to countless privacy violations. Society’s prevalent use of interconnected devices enables companies to collect and manipulate users’ personal data for their own monetary benefits. While the law grapples with how best to protect users from such privacy risks, another significant danger has […]

‘Divergence and Reform in the Common Law of Contracts’ – (2018) 85 George Washington Law Review (special number)

Blake D Morant, Fall 2016 Symposium: Divergence and Reform in the Common Law of Contracts 85 George Washington Law Review 1581 Lord Patrick Stewart Hodge, Judicial Development of the Law of Contract in the United Kingdom 85 George Washington Law Review 1587 Mindy Chen-Wishart, Contractual Remedies: Beyond Enforcing Contractual Duties 85 George Washington Law Review […]

John Yun, ‘Publicity and the Optimal Punitive Damage Multiplier’

Abstract When punitive damage awards create publicity, this could affect the behavior of uncompensated victims, which has implications for the optimal punitive damage multiplier. A new adjusted multiplier is derived that incorporates publicity into the analytical framework. Assuming that all victims receive uniform punitive awards, the result is a lower punitive multiplier relative to the […]

Eric Alden, ‘Reversing the Reliance Revolution in Contract’

Abstract During the past century, leading American academics have attempted to rewrite in radically altered form the theoretical foundation of liability in contract. In derogation of the historical bases for contractual liability in Anglo-American law, namely voluntary mutual exchange and ‘formal’ contract, these intellectual revolutionaries desire to impose strict liability in contract on the basis […]