Abstract

http://ssrn.com/abstract=1678469
 
 

Footnotes (131)



 


 



Compensating Market Value Losses: Rethinking the Theory of Damages in a Market Economy


Steven L. Schwarcz


Duke University - School of Law

March 7, 2011

Florida Law Review, Vol. 63, September 2011

Abstract:     
The BP Gulf oil spill and the Toyota car recalls have highlighted an important legal anomaly that has been overlooked by scholars — judicial inconsistency and confusion in ruling whether to compensate for the loss in market value of wrongfully affected property. This article seeks to understand the anomaly and, in the process, build a stronger foundation for enabling courts to decide when — and in what amounts — to award damages for market value losses. To that end, the article analyzes the normative rationales for generally awarding damages, adapting those rationales to derive a theory of damages that not only covers market value losses of financial securities (like bonds and stock) but also of ordinary products (like automobiles and lightbulbs).

Number of Pages in PDF File: 30

Keywords: damage awards, remedies, financial market securities, market value

Accepted Paper Series


Download This Paper

Date posted: September 19, 2010 ; Last revised: March 9, 2011

Suggested Citation

Schwarcz, Steven L., Compensating Market Value Losses: Rethinking the Theory of Damages in a Market Economy (March 7, 2011). Florida Law Review, Vol. 63, September 2011. Available at SSRN: http://ssrn.com/abstract=1678469

Contact Information

Steven L. Schwarcz (Contact Author)
Duke University - School of Law ( email )
Box 90360
Duke School of Law
Durham, NC 27708
United States
919-613-7060 (Phone)
919-613-7231 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 748
Downloads: 114
Download Rank: 141,318
Footnotes:  131

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.219 seconds