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...
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Format: | Article |
Language: | English |
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Utrecht University School of Law
2007-12-01
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Series: | Utrecht Law Review |
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Online Access: | http://www.utrechtlawreview.org/articles/10.18352/ulr.48/ |
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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/ |
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