Claimant-Focused Damages in the Law of Privacy
Jason Varuhas and Nicole Moreham (eds.), Remedies for Breach of Privacy (Oxford: Hart Publishing, 2018), 141-161
15 Pages Posted: 10 Sep 2019
Date Written: April 1, 2017
This paper examines the different types of claimant-focused damages available in English law for breach of privacy. Setting aside defendant-focused remedies such as restitutionary or punitive damages, it examines the relationship between compensatory, aggravated, vindicatory and nominal damages in the law of privacy. Emphasis is laid on the different (and incompatible) meanings the concept of “loss” can be construed to have in that area of the law, and the consequences this has on other types of awards.
Keywords: privacy, breach of privacy, compensatory damages, vindicatory damages, abstract losses, normative losses, aggravated damages, nominal damages
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