Non-Pecuniary Damages for Defamation, Personal Injury, and Wrongful Death: An Empirical Analysis of Court Cases in Taiwan
| Autor: | Yun-chien Chang, Jimmy Chia-Shin Hsu, Han-wei Ho |
|---|---|
| Rok vydání: | 2016 |
| Předmět: |
040101 forestry
education.field_of_study Plaintiff Pain and suffering 05 social sciences 04 agricultural and veterinary sciences Personal injury humanities Newspaper Wrongful death Political science Law 0502 economics and business Damages 0401 agriculture forestry and fisheries 050207 economics education health care economics and organizations Social status |
| Zdroj: | The Chinese Journal of Comparative Law. 4:69-97 |
| ISSN: | 2050-4810 2050-4802 |
| DOI: | 10.1093/cjcl/cxv020 |
| Popis: | 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. |
| Databáze: | OpenAIRE |
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