Third party losses in a comparative perspective<br> Three short lectures in honour of W.H.V. Rogers

In honour of Horton Rogers, as the holder of the rotational G.J. Wiarda chair at Utrecht University, a symposium was held on 13 June 2007 concerning the right of third parties to compensation in cases of injury – one of the most provoking themes in tort law and the law of damages. The key question w...

Full description

Bibliographic Details
Main Authors: Cees van Dam, Esther Engelhard, Ivo Giesen
Format: Article
Language:English
Published: Utrecht University School of Law 2007-12-01
Series:Utrecht Law Review
Subjects:
Online Access:http://www.utrechtlawreview.org/articles/10.18352/ulr.48/
_version_ 1819203567959932928
author Cees van Dam
Esther Engelhard
Ivo Giesen
author_facet Cees van Dam
Esther Engelhard
Ivo Giesen
author_sort Cees van Dam
collection DOAJ
description In honour of Horton Rogers, as the holder of the rotational G.J. Wiarda chair at Utrecht University, a symposium was held on 13 June 2007 concerning the right of third parties to compensation in cases of injury – one of the most provoking themes in tort law and the law of damages. The key question was to what extent relatives and the employer of an injured victim should be compensated for their pecuniary losses and the loss of earnings caused by the primary victim’s injuries. In three contributions an account of the state of the law was provided with regard to three European jurisdictions (English law, German law and Dutch law) and the so-called ‘Principles on European Tort Law’ and ‘Principles on European Law on Liability for Damages’. These contributions show that all three national law systems have rights for relatives and employers to recover, in some form, but with substantial differences between the (rules governing) the amount of compensation and as to the nature of these rights. Both sets of European principles demonstrate great differences as well. In each contribution further reflections are given on what would be the better position to take. These three contributions are brought together in this article in which also the state of the law is critically discussed.
first_indexed 2024-12-23T04:21:59Z
format Article
id doaj.art-9723c0c1043949edb4598f3d17232bd0
institution Directory Open Access Journal
issn 1871-515X
language English
last_indexed 2024-12-23T04:21:59Z
publishDate 2007-12-01
publisher Utrecht University School of Law
record_format Article
series Utrecht Law Review
spelling doaj.art-9723c0c1043949edb4598f3d17232bd02022-12-21T18:00:14ZengUtrecht University School of LawUtrecht Law Review1871-515X2007-12-01327010010.18352/ulr.4848Third party losses in a comparative perspective<br> Three short lectures in honour of W.H.V. RogersCees van DamEsther EngelhardIvo GiesenIn honour of Horton Rogers, as the holder of the rotational G.J. Wiarda chair at Utrecht University, a symposium was held on 13 June 2007 concerning the right of third parties to compensation in cases of injury – one of the most provoking themes in tort law and the law of damages. The key question was to what extent relatives and the employer of an injured victim should be compensated for their pecuniary losses and the loss of earnings caused by the primary victim’s injuries. In three contributions an account of the state of the law was provided with regard to three European jurisdictions (English law, German law and Dutch law) and the so-called ‘Principles on European Tort Law’ and ‘Principles on European Law on Liability for Damages’. These contributions show that all three national law systems have rights for relatives and employers to recover, in some form, but with substantial differences between the (rules governing) the amount of compensation and as to the nature of these rights. Both sets of European principles demonstrate great differences as well. In each contribution further reflections are given on what would be the better position to take. These three contributions are brought together in this article in which also the state of the law is critically discussed.http://www.utrechtlawreview.org/articles/10.18352/ulr.48/third partydamagesinjuryliabilitypersonal injuryloss of income
spellingShingle Cees van Dam
Esther Engelhard
Ivo Giesen
Third party losses in a comparative perspective<br> Three short lectures in honour of W.H.V. Rogers
Utrecht Law Review
third party
damages
injury
liability
personal injury
loss of income
title Third party losses in a comparative perspective<br> Three short lectures in honour of W.H.V. Rogers
title_full Third party losses in a comparative perspective<br> Three short lectures in honour of W.H.V. Rogers
title_fullStr Third party losses in a comparative perspective<br> Three short lectures in honour of W.H.V. Rogers
title_full_unstemmed Third party losses in a comparative perspective<br> Three short lectures in honour of W.H.V. Rogers
title_short Third party losses in a comparative perspective<br> Three short lectures in honour of W.H.V. Rogers
title_sort third party losses in a comparative perspective lt br gt three short lectures in honour of w h v rogers
topic third party
damages
injury
liability
personal injury
loss of income
url http://www.utrechtlawreview.org/articles/10.18352/ulr.48/
work_keys_str_mv AT ceesvandam thirdpartylossesinacomparativeperspectiveltbrgtthreeshortlecturesinhonourofwhvrogers
AT estherengelhard thirdpartylossesinacomparativeperspectiveltbrgtthreeshortlecturesinhonourofwhvrogers
AT ivogiesen thirdpartylossesinacomparativeperspectiveltbrgtthreeshortlecturesinhonourofwhvrogers