Mothers of Srebrenica: Causation and Partial Liability under Dutch Tort Law
This article explains the Dutch theory of partial liability and why the application of this theory benefited the plaintiffs in the case of Mothers of Srebrenica from a tort law perspective. Partial liability is a theory under Dutch law to redeem causal uncertainties, and therefore functions as an ex...
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| Format: | Article |
| Language: | English |
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Ubiquity Press
2021-07-01
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| Series: | Utrecht Journal of International and European Law |
| Subjects: | |
| Online Access: | https://www.utrechtjournal.org/articles/543 |
| _version_ | 1818358578558271488 |
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| author | Rianka Rijnhout |
| author_facet | Rianka Rijnhout |
| author_sort | Rianka Rijnhout |
| collection | DOAJ |
| description | This article explains the Dutch theory of partial liability and why the application of this theory benefited the plaintiffs in the case of Mothers of Srebrenica from a tort law perspective. Partial liability is a theory under Dutch law to redeem causal uncertainties, and therefore functions as an exception to the main rule of sufficient degree of proof of a condicio sine qua non (CSQN) between the wrong and the damage, justified by legal justice and reasonableness. Loss of a chance is one variation of partial liability and was applied in the case Mothers of Srebrenica. The theory of lost chance essentially makes it possible to establish liability to a proportion, notwithstanding the causal uncertainty between the wrong and the original damage which would have resulted in a denial of the claim under tort law. |
| first_indexed | 2024-12-13T20:31:14Z |
| format | Article |
| id | doaj.art-314eb799c2ed4d50a3c0ea133b0885c1 |
| institution | Directory Open Access Journal |
| issn | 2053-5341 |
| language | English |
| last_indexed | 2024-12-13T20:31:14Z |
| publishDate | 2021-07-01 |
| publisher | Ubiquity Press |
| record_format | Article |
| series | Utrecht Journal of International and European Law |
| spelling | doaj.art-314eb799c2ed4d50a3c0ea133b0885c12022-12-21T23:32:26ZengUbiquity PressUtrecht Journal of International and European Law2053-53412021-07-0136210.5334/ujiel.543180Mothers of Srebrenica: Causation and Partial Liability under Dutch Tort LawRianka Rijnhout0Utrecht UniversityThis article explains the Dutch theory of partial liability and why the application of this theory benefited the plaintiffs in the case of Mothers of Srebrenica from a tort law perspective. Partial liability is a theory under Dutch law to redeem causal uncertainties, and therefore functions as an exception to the main rule of sufficient degree of proof of a condicio sine qua non (CSQN) between the wrong and the damage, justified by legal justice and reasonableness. Loss of a chance is one variation of partial liability and was applied in the case Mothers of Srebrenica. The theory of lost chance essentially makes it possible to establish liability to a proportion, notwithstanding the causal uncertainty between the wrong and the original damage which would have resulted in a denial of the claim under tort law.https://www.utrechtjournal.org/articles/543causationloss of a chancepartial liabilitytort and human rights |
| spellingShingle | Rianka Rijnhout Mothers of Srebrenica: Causation and Partial Liability under Dutch Tort Law Utrecht Journal of International and European Law causation loss of a chance partial liability tort and human rights |
| title | Mothers of Srebrenica: Causation and Partial Liability under Dutch Tort Law |
| title_full | Mothers of Srebrenica: Causation and Partial Liability under Dutch Tort Law |
| title_fullStr | Mothers of Srebrenica: Causation and Partial Liability under Dutch Tort Law |
| title_full_unstemmed | Mothers of Srebrenica: Causation and Partial Liability under Dutch Tort Law |
| title_short | Mothers of Srebrenica: Causation and Partial Liability under Dutch Tort Law |
| title_sort | mothers of srebrenica causation and partial liability under dutch tort law |
| topic | causation loss of a chance partial liability tort and human rights |
| url | https://www.utrechtjournal.org/articles/543 |
| work_keys_str_mv | AT riankarijnhout mothersofsrebrenicacausationandpartialliabilityunderdutchtortlaw |