Edited by Roger Halson and David Campbell
Chapter 12: The recovery of damages for non-pecuniary loss in contract and tort a unified approach
This chapter argues that the law of contract and tort should be brought into closer alignment with regard to the recovery of damages in respect of non-pecuniary losses (DNPL). The emphasis is not upon detailed descriptions of the different categories of recovery for DNPL but builds upon a critique of the statements of policy and principle which are said to support and justify the current fragmented approach and the less generous availability of DNPL in contract compared to tort. In this way it is hoped to remedy what one commentator described as the ‘absence of structure’ and consequent ‘conceptual underdevelopment’ of the topic.
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