Non-Pecuniary Damages for Defamation, Personal Injury, and Wrongful Death: An Empirical Analysis of Court Cases in Taiwan
Chinese Journal of Comparative Law, March 2016
47 Pages Posted: 3 Oct 2015
Date Written: October 1, 2015
This article focuses on the determinants of pain and suffering damages for defamation, personal injury, and wrongful death in Taiwan, with a focus on defamation. Novel data sets on pain and suffering awards for personal injury and wrongful death by district courts and a novel data set on those for defamation by appellate courts are analyzed with regression models and two-sample tests. Our findings are that, first, restorative measures (like an apology posted in a newspaper) in defamation cases do not substitute for pain and suffering damages. In addition, annual incomes of both parties, relative social status, and media channels for defamatory remarks are the most important factors. Finally, plaintiffs who do not have to pay court fees proportionate to their claims do not over-claim as compared to those who have to pay.
Keywords: Defamation, restorative measures, pain and suffering damages, income, education, media, public figure, decoupling
JEL Classification: K13
Suggested Citation: Suggested Citation