Legislatively Liquidated Damages
Notes & Changes
We hope to run this event in person and online. However, seating in the IECL Seminar Room is limited and will be allocated on a first come, first served basis. Please complete the registration form below to indicate how you would like to attend.
Dr Johannes Ungerer will present his new book Gesetzlich pauschalierter Schadensersatz (Duncker & Humblot 2022) in English, discussing “legislatively liquidated damages” as a regulatory instrument in private law with unique characteristics and effects. This is demonstrated by an analysis of the German and EU provisions on late payment and air passenger compensation. It is argued that the legislator prescribes fixed amounts of damages in response to particular instances of non-performance which are both frequent and similar in kind as well as micro- and macroeconomically critical, but uncontrollable by private contractual and market mechanisms. Against the constitutional background, the resulting doctrinal divergences from conventional liability and damages law are revealed. It is further shown that legislatively liquidated damages increase procedural efficiency and have a behavioural steering effect. The potential for future legislation is also unveiled.
This event is open only to members of Oxford University. To register for it please complete the form below using your SSO credentials. Registration will close at 10am on the morning of the seminar after which a Teams link will be sent to those who have registered to attend online.
A corresponding event in German hosted online by Professor Matthias Lehmann will be held on the preceding Monday 13 June, 6pm CEST. Please register for this here.