The Common-Law History of Non-Economic Damages in Breach of Contract Actions Versus Willful Breach of Contract Actions

Authors

Mara Kent

Publication Date

3-1-2005

Document Type

Symposium

Abstract

This Article traces the common-law history of the general damages laws of the Anglo-Saxon peoples from 600 A.D. to the more limiting laws regarding recoverability of non-economic damages in breach of contract actions in the United States today. It also explores the progression of courts' control over juries, and the courts' attempt to provide meaningful guidance to juries charged with assessing damages. A common thread running throughout the centuries is how to best control verdicts with awards of excessive or inadequate damages in breach of contract actions. While the common law has certainly progressed from the early days of criminally punishing jurors who "incorrectly" assessed damages, it has created a modern maze of legal tangles and confusion for scholars and practitioners alike.

DOI

10.37419/TWLR.V11.I2.14

First Page

481

Last Page

503

Recommended Citation

Mara Kent, The Common-Law History of Non-Economic Damages in Breach of Contract Actions Versus Willful Breach of Contract Actions, 11 Tex. Wesleyan L. Rev. 481 (2005).
Available at: https://doi.org/10.37419/TWLR.V11.I2.14