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Mixed Jurisdictions ComparedPrivate Law in Louisiana and Scotland$
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Vernon Palmer and Elspeth Reid

Print publication date: 2009

Print ISBN-13: 9780748638864

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748638864.001.0001

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Contracts of Intellectual Gratification – A Louisiana-Scotland Creation

Contracts of Intellectual Gratification – A Louisiana-Scotland Creation

Chapter:
(p.208) 8 Contracts of Intellectual Gratification – A Louisiana-Scotland Creation
Source:
Mixed Jurisdictions Compared
Author(s):

Vernon Valentine Palmer

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748638864.003.0018

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

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