Who Lost What? Relationship and Relational Loss

Supreme Court Law Review, Vol. 17, No. 2, p. 269, 2002

11 Pages Posted: 21 Aug 2009 Last revised: 7 Dec 2019

See all articles by Shauna Van Praagh

Shauna Van Praagh

McGill University - Faculty of Law

Date Written: 2002

Abstract

In this short paper, I explore the approaches taken to relational loss by both the common law and civil law traditions of Canada and, in so doing, reflect on their unique yet overlapping preoccupations and perspectives. In examining responsibility for wrongdoing that causes suffering beyond that experienced by the immediate victim, I will suggest that relational losses can be differentiated depending on the nature of the loss or injury experienced and the appropriateness of searching for a private law response to the loss in question. Further, I will examine and attempt to clarify the significant role that relationship plays in defining and responding to claims of relational injury and loss. The context of relational personal or moral injury serves as a vivid illustration of the potential and limits of Article 1457's and Donoghue v. Stevenson's poetic promise.

Suggested Citation

Van Praagh, Shauna, Who Lost What? Relationship and Relational Loss (2002). Supreme Court Law Review, Vol. 17, No. 2, p. 269, 2002, Available at SSRN: https://ssrn.com/abstract=1457415

Shauna Van Praagh (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec H3A 1W9
Canada

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