Contracts of Intellectual Gratification – A Louisiana-Scotland Creation

Vernon Valentine Palmer

in Mixed Jurisdictions Compared

Published by Edinburgh University Press

Published in print October 2009 | ISBN: 9780748638864
Published online March 2012 | e-ISBN: 9780748651443 | DOI:
Contracts of Intellectual Gratification – A Louisiana-Scotland Creation

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This chapter examines the development contracts of intellectual gratification in Scotland and Louisiana and shows that moral damages ex contractu play an unappreciated role in the protection of personality interests. Both Louisiana and Scotland have steered a middle course in creating an exceptional category of contract in which personality interests receive protection. Louisiana codified the exception in the early nineteenth century, while Scotland created it through a decisional breakthrough in the 1970s. It is interesting to observe, however, how little difference these starting points made in the final analysis.

Keywords: contracts of intellectual gratification; personality interests; moral damages

Chapter.  17236 words. 

Subjects: Comparative Law

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