미국 불법행위법상 손해 개념

• 영문명: Damages in the US Torts Law
• 발행기관: 한국민사법학회
• 저자명: 김영희(Young-Hee KIM)
• 간행물 정보: 『민사법학』제61호, 423~471쪽, 전체 49쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2012.12.31

영문 초록

In the US Tort law, the term “damages” holds two meanings: damages per se and compensation for damages. Damages per se flow from an injury that indicates the invasion of legally protected interest. Damages are mainly accepted as a personal injury or a physical harm to property. Damages and related words, for example, injury, harm, loss, etc are commonly used mixed. However, in a strict sense, injury is distinguished from harm, which is a nonlegal word implying merely a detriment in fact. Whereas the infliction of harm does not always give rise to a cause of action of tort, there may be a cause of action although there has been no harm. Loss is a synonym of harm, but may include the failure to reap a gain to which the plaintiff is entitled. Compensation is one of the remedies in tort cases. It denotes the closest possible financial equivalent of the harm or the loss suffered by the plaintiff. Awarding compensatory damages in tort cases performs important functions such as 1) achieving corrective justice, 2) promoting deterrence by threatening defendant’s tortious act, and 3) recognizing the significance of the plaintiff’s loss and confirming the defendant’s responsibility for that loss.

목차

Ⅰ. 서론

Ⅱ. 불법행위 효과로서 손해배상

Ⅲ. 손해

Ⅳ. 순수재산손해

Ⅴ. 결론

참고문헌

키워드

미국민법 불법행위 손해배상 원상회복 인과관계 과실상계 비교책임 US Tort Law Damage Harm Remedy Compensation Restitution Pure Economic Loss