Valuing Relationships: The Role of Damages for Loss of Society

Abstract

Tort damages for loss of society--the lost opportunity of a relationship with another--is one of the least understood and most controversial damage remedies. This category of compensation has been under attack as part of the larger tort reform movement on the ground that it represents a form of harm that is not as real as other injuries that can be monetized. This article explores the unique role that remedies for lost relationships play in the scheme of tort compensation, but beyond that, it suggests what the history and nature of social loss can tell us about the function and value of human relationships to the political community.

Keywords: tort reform, intangible damages, noneconomic loss, social loss, loss of consortium, wrongful death

JEL Classification: K40, K41