Aggregation and Divisibility of Damage (Tort and Insurance by Ken Oliphant

By Ken Oliphant

Even if the damage for which repayment is sought in an motion in tort is considered a unmarried indivisible loss or a plurality of losses could have a couple of vital ramifications for the legislations of tort, for instance, in contemplating compensable harm, the apportionment of accountability among a number of tortfeasors, and the applying of problem classes and (where they exist) caps and thresholds. those concerns could have specific value within the context of mass torts, and lift questions of personal overseas legislations and civil process in addition to great tort legislation. also they are of substantial useful significance for insurers. during this comparative learn, state experiences from twelve criminal platforms and designated experiences on deepest foreign legislations and coverage supply an perception into the interplay of tort legislations, civil method, and assurance during this hitherto mostly missed sector of felony technology.

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46 39 40 41 Cf. on this the references in Welser/Rabl (fn. 36) § 1 no. 22 ff. OGH 8 Ob 536/93 = SZ 67/22 = JBl 1994, 477; see also OGH 2 Ob 188/97d = EvBl 1999/126. Welser/Rabl (fn. 36) § 1 no. 27. 28 Ernst Karner/Olaf Riss 12. Which criteria are decisive in establishing liability caps and minimum thresholds in your national tort law? g. g. g. g. compensation by annuities or by lump-sum). If the law recognises such distinctions, could one argue that the loss sustained by the victim in consequence of a single tortious act or omission has to be regarded as a plurality of separate losses, some of them subject to liability caps or minimum thresholds, and some of them not?

1; SZ 63/105. Simotta (fn. 71) § 92a JN no. H. -A. Simotta, Zivilprozessrecht (7th ed. 2009) no. G. H. ), Kommentar zur ZPO (3rd ed. 2006) § 92a JN no. 2. ECJ 21/76, Handelskwekerij Bier v. Mines de potasse d’Alsace [1976] European Court Reports (ECR) 1735. G. Mayr. G. Mayr. 77 75 Within the scope of Council Regulation (EC) No. 2001, 1–23 (Brussels I Regulation), § 92a JN has been superseded by Art. 78 24. CASE STUDY (national jurisdiction; place where the loss occurred) In the jurisdictional area of court W, D poisons P’s food.

OGH 7 Ob 648/89 = JBl 1990, 524 noted by Holzer; 4 Ob 554/95 = SZ 68/207; cf. further 8 Ob 608/92 = EvBl 1994/13. Koziol (fn. 2) no. 3/38; OGH 7 Ob 648/89 = JBl 1990, 524 noted by Holzer; 4 Ob 554/95 = SZ 68/207. See on this H. Koziol, Schadenersatz für Verlust einer Chance? , Schadenersatz für verlorene Chancen? Zeitschrift des Bernischen Juristenvereins (ZBJV) 137 (2001) 889 ff. Austria: Tort Law 35 evidence does not show whether the mesothelioma resulted from asbestos exposure in any single period of employment, or cumulatively from exposure in different periods of employment.

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