Private Law Theory

INTRODUCTION
One of the most disputed issues in the law of damages in recent years has been the existence and justification of substantial damages awards for private law wrongs in circumstances in which the victim of the wrong has suffered no loss. Some argue that such awards exist and are justifiable on the basis that they vindicate, in some sense, the rights of the person wronged. Others argue that a sophisticated loss-based analysis of these awards can in fact explain and justify all or most of the law. Finally, some argue that, while such awards do exist, they cannot be reconciled with the fundamentally loss-centred approach to damages in English law and so should be rejected. In this article, I make two contributions to the debate about the existence and justification of damages awards without loss …

€ (Westlaw)

Sandy Steel, ‘Damages without loss’ (2023) 139 Law Quarterly Review (Apr) 219-242.