Date: Thu, 13 Mar 2003 12:48:43 -0500

From: Jason Neyers

Subject: New Punitive Damages Article

Dear Colleagues,

An interesting new article on Exemplary and Aggravated Damages can be found in the newest OJLS. The article was written by Allan Beever, see http://www3.oup.co.uk/oxjlsj/hdb/Volume_23/Issue_01/230087.sgm.abs.html.

Summary

This article explores aggravated and exemplary damages in terms of their structure. It argues that the awards are distinguishable and once they have been appropriately analysed it can be seen that aggravated damages have a secure foundation in the private law and are importantly different from other compensatory awards. The article then argues that many of the reasons given in favour of exemplary damages are not consistent with the structure of that award. The article concludes by insisting that exemplary damages should be abolished as they are in serious tension with the nature of civil liability.

--
Jason Neyers
Assistant Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

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