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The Law Commission


You are here: BAILII >> Databases >> The Law Commission >> AGGRAVATED, EXEMPLARY AND RESTITUTIONARY DAMAGES [1997] EWLC 247 (16 December 1997)
URL: http://www.bailii.org/ew/other/EWLC/1997/247.html
Cite as: [1997] EWLC 247

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    The Law Commission

    (LAW COM No 247)

    Aggravated, Exemplary and Restitutionary Damages


    Law Commission Report 247 published 16 December 1997

    CONTENTS

    SUMMARY

    Summary

    PART I: INTRODUCTION

    The scope of this Report

    1.1

    The consultation process

    1.6

    Overview of our recommendations and reasoning

    1.7

    Some practical examples

    1.24

    The structure of this Report

    1.25

    Acknowledgments

    1.26

    PART II: AGGRAVATED DAMAGES

    The present law

    2.1

    Reform

    2.39

    PART III: RESTITUTION FOR WRONGS

    The law of restitution

    3.1

    The present law

    3.5

    Reform

    3.38

    Further issues

    3.58

    Terminology

    3.82

    PART IV: EXEMPLARY DAMAGES: PRESENT LAW

    Availability

    4.2

    Assessment

    4.56

    Miscellaneous issues

    4.99

    PART V: EXEMPLARY DAMAGES: REFORM

    5.1

    The need for reform

    5.1

    Our consultation exercises

    5.5

    The case for and against exemplary damages

    5.16

    Our central reform proposals

    5.40

    Additional reform issues and proposals

    5_2.1

    PART VI: SUMMARY OF RECOMMENDATIONS

    6.1

    APPENDIX A: DRAFT BILL

    Not available

    APPENDIX B: LIST OF THOSE WHO RESPONDED TO CONSULTATION PAPER NO 132

    Appendix B

    APPENDIX C: LIST OF THOSE WHO RESPONDED TO THE SUPPLEMENTARY CONSULTATION PAPER

    Appendix C


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URL: http://www.bailii.org/ew/other/EWLC/1997/247.html