Publication details
Násobná náhrada škody a jiné netradiční možnosti odškodnění
| Title in English | Multiple damages and other non-traditional compensation options |
|---|---|
| Authors | |
| Year of publication | 2021 |
| Type | Article in Proceedings |
| Conference | XXVIII. Karlovarské právnické dny |
| MU Faculty or unit | |
| Citation | |
| Web | Katalog MU |
| Keywords | damages; multiple damages; punitive damages; social functions of damages; excessive liquidated damages; lost profit; loss of business opportunity; commercial impairment; dynamic damages; pure economic loss |
| Description | The private law appropriateness of the use of compensation for social purposes other than reparation, i.e. to promote the function of sanction (prevention), deterrence, education and even so-called general prevention is put in question. This is a conflict of objectives in private law, the pursuit of which does not belong to these functions. The function of private tort law is primarily to ensure equivalence in mutual relations.Nevertheless, some functionally comparable options for overcompensatory damages can be identified, such as excess liquidated damages, compensation for loss of profits, loss of business opportunity, commercial impairment or net economic loss. Neither multiple nor punitive damages are necessary for the tool-box related to the damages. |