Valuing Relationships: The Role of Damages for Loss of Society

36 Pages Posted: 27 Aug 2007

See all articles by JoEllen Lind

JoEllen Lind

Valparaiso University Law School

Abstract

Tort damages for loss of society--the lost opportunity of a relationship with another--is one of the least understood and most controversial damage remedies. This category of compensation has been under attack as part of the larger tort reform movement on the ground that it represents a form of harm that is not as real as other injuries that can be monetized. This article explores the unique role that remedies for lost relationships play in the scheme of tort compensation, but beyond that, it suggests what the history and nature of social loss can tell us about the function and value of human relationships to the political community.

Keywords: tort reform, intangible damages, noneconomic loss, social loss, loss of consortium, wrongful death

JEL Classification: K40, K41

Suggested Citation

Lind, JoEllen, Valuing Relationships: The Role of Damages for Loss of Society. New Mexico Law Review, Vol. 35, No. 301, 2005. Available at SSRN: https://ssrn.com/abstract=1008968

JoEllen Lind (Contact Author)

Valparaiso University Law School ( email )

656 S. Greenwich St.
Valparaiso, IN 46383-6493
United States

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