Intangible Damages in American Tort Law: A Roadmap
23 Pages Posted: 6 Feb 2016
Date Written: February 4, 2016
Abstract
This paper is meant to provide a succinct roadmap to the many pathways taken in providing recovery for intangible harm in tort. The paper was initially prepared for a comparative law conference, and in that setting, I assumed a lack of close familiarity with the historical origins and surprisingly broad expanse of recovery for intangible harm in American tort law. While succinctly presented, the present revised treatment, for those conversant with the US system, is meant to be comprehensive, addressing defamation and privacy, no-fault and tort reform, as well as the more conventional common law topics of intangible damages in cases of intentional and accidental harm.
Keywords: torts, damages
JEL Classification: K13
Suggested Citation: Suggested Citation