The recovery of non-pecuniary loss in European contract law / edited by Vernon Valentine Palmer.

Cambridge, United Kingdom : Cambridge University Press, 2015.

©2015

KJC1627 .R44 2015

9781107098626 hardcover
1107098629 hardcover

lxxi, 459 pages ; 24 cm.

(OCoLC)894935809

"This book with its unique focus - the recovery of non-pecuniary loss in European contract law - has proved to be a fascinating and enlightening field of research. Speaking personally, I hope that it helps us understand how and why European law reached its present state, and to appreciate the remarkable rise of non-pecuniary damage in European contract law today. The recovery of immaterial damage in the field of delict is of course an everyday occurrence. Non-pecuniary awards flourish in tort and may be considered the rule rather than the exception. The picture is however otherwise in the field of contract. In some European systems the recovery of "moral" or non-pecuniary damage ex contractu is not permitted; in others it is allowed only exceptionally or only when specifically authorized by legislation. In certain national systems contractual awards are apparently freely permitted, though the award levels are not generous. Through historical research we attempted to bring to light the background of this situation in the modern law, and through the Common Core's case study methodology we sought to present the modern law in greater detail. We attempted to pinpoint, distinguish and compare the national differences and similarities, and ultimately to classify national approaches into some kind of intelligible order"-- Provided by publisher.

Includes bibliographical references (pages 419-444) and index.

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