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Halson, Roger --- "The recovery of damages for non-pecuniary loss in contract and tort a unified approach" [2019] ELECD 2298; in Halson, Roger; Campbell, David (eds), "Research Handbook on Remedies in Private Law" (Edward Elgar Publishing, 2019) 199

Book Title: Research Handbook on Remedies in Private Law

Editor(s): Halson, Roger; Campbell, David

Publisher: Edward Elgar Publishing

Section: Chapter 12

Section Title: The recovery of damages for non-pecuniary loss in contract and tort a unified approach

Author(s): Halson, Roger

Number of pages: 21

Abstract/Description:

This chapter argues that the law of contract and tort should be brought into closer alignment with regard to the recovery of damages in respect of non-pecuniary losses (DNPL). The emphasis is not upon detailed descriptions of the different categories of recovery for DNPL but builds upon a critique of the statements of policy and principle which are said to support and justify the current fragmented approach and the less generous availability of DNPL in contract compared to tort. In this way it is hoped to remedy what one commentator described as the ‘absence of structure’ and consequent ‘conceptual underdevelopment’ of the topic.