Proportionality in the Liability to Compensate

Abstract

This article considers whether the quantum of damages for causing harm to another is proportional to the injurer’s blameworthiness. It first addresses the question of whether there should be a link between damages and blameworthiness and argues that damages should not be proportional to blameworthiness. Then, it examines those limited situations in which damages are or should be proportional to blameworthiness, focusing, in particular, on the defendant’s liability for pure economic loss, liability in contract, and aggravated damages. In those limited situations, proportionality between blameworthiness and quantum of damages can have some role to play. The article concludes by discussing the implications of its findings for the overall understanding of the private law of obligations and remedies.