Damages for non-pecuniary loss in the tort of negligence: a reconceptualisation

Bell, Andrew James (2018). Damages for non-pecuniary loss in the tort of negligence: a reconceptualisation. University of Birmingham. Ph.D.

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Abstract

This thesis' core aim is to develop a coherent conceptual framework for non-pecuniary loss damages in the tort of negligence. This requires an analysis of existing theoretical frameworks, a redevelopment of the 'nonpecuniary loss' concept, and the development of a new basis for the assessment of damages awards. The thesis argues that it is a mistake to preconceive of damages awards as compensatory and analogise to pecuniary losses; the different nature of non-pecuniary losses gives rises to conceptual problems and tensions with practice where this is attempted. This thesis instead separates the identification of non-pecuniary losses from the aims and assessment of damages awards, arguing that the former must be analysed first and independently. A replacement 'personal loss' concept is developed, free from the deficiencies identified and centred on binary events which raise, for a notional observer, detrimental implications about the victim's personal interests. The
thesis proposes that a damages assessment based on vindication, whereby awards serve as counterstatements to
those detrimental implications, can then coherently engage that personal loss concept to produce damages
awards. The resulting theory is uniquely capable of justifying and providing a defensible theoretical framework for recovery for non-financial losses.

Type of Work:

Thesis (Doctorates > Ph.D.)

Award Type:

Doctorates > Ph.D.

Supervisor(s):