Robert Rabin, ‘Intangible Damages in American Tort Law: A Roadmap’

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.

Rabin, Robert L, Intangible Damages in American Tort Law: A Roadmap (February 4, 2016). Stanford Public Law Working Paper No 2727885.

First posted 2016-02-07 08:18:53

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