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

30 Pages Posted: 19 Sep 2010 Last revised: 28 Dec 2014

Steven L. Schwarcz

Duke University School of Law

Date Written: March 7, 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).

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

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: https://ssrn.com/abstract=1678469

Steven L. Schwarcz (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States
919-613-7060 (Phone)
919-613-7231 (Fax)

Paper statistics

Downloads
130
Rank
180,147
Abstract Views
959