Measure of damages: subjective value (private valuation) or objective value (market value)?

Abstract

This paper is concerned with one aspect
of the measure of damages – whether or when it
should comprehend subjective (i.e. private valuations) or objective values (e.g. market value). For
this purpose it takes on the Economic Analysis of
the Law as a tool to explain and suggest through a
set of examples which option is the more efficient
and adequate to be adopted by law.