Comparative Tort Law
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Comparative Tort Law

Global Perspectives

Edited by Mauro Bussani and Anthony J. Sebok

This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
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Chapter 15: Tort damages for non-economic losses: personal injury

Stephen D. Sugarman

Abstract

This chapter focuses on non-pecuniary losses by evaluating possible recovery for pain, loss of pleasure, and the like as real harms in themselves quite apart from any financial consequences these injuries might have. The analysis proceeds in these steps. First, general reasons for awarding non-pecuniary damages at all are discussed. Then, attention is given to subtleties that must be attended to in making comparisons between countries. Following that, persistent issues that arise everywhere in the award of these damages are surfaced; these issues go primarily to concerns about fairness among victims. Next, some theories are offered about why countries might choose to provide very different amounts of non-pecuniary damage awards as compared with other nations. With all of this positioning complete, the chapter finally turns to detailed comparisons among a number of illustrative national legal systems.

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