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

By Ken Oliphant

No matter if the damage for which repayment is sought in an motion in tort is thought of as a unmarried indivisible loss or a plurality of losses may have a couple of very important ramifications for the legislation of tort, for instance, in contemplating compensable harm, the apportionment of accountability among a number of tortfeasors, and the appliance of trouble sessions and (where they exist) caps and thresholds. those concerns can have specific importance within the context of mass torts, and lift questions of personal foreign legislation and civil process in addition to noticeable tort legislation. also they are of substantial useful significance for insurers. during this comparative research, nation experiences from twelve criminal platforms and designated reviews on deepest overseas legislation and assurance offer an perception into the interplay of tort legislations, civil approach, and assurance during this hitherto principally overlooked zone of criminal technology.

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Extra resources for Aggregation and Divisibility of Damage (Tort and Insurance Law)

Example text

Austria: Tort Law 23 As elaborated above, the distinction between infringement of absolutely protected legal interests and the consequential damage resulting therefrom, on the one hand, and pure pecuniary loss, on the other hand, carries considerable significance when it comes to the recoverability of the harm which has been incurred, because pure pecuniary interests do not enjoy any general protection. In the case of consequential damage too, it must of course be remembered that all liability requirements must be satisfied.

ABGB (3rd ed. 2007) § 1302 no. 2a and 12; KBB-Karner (fn. 20) § 1302 no. 7. Koziol (fn. 2) no. 3/31; KBB-Karner (fn. 20) § 1302 no. 4; OGH in SZ 63/185. OGH in SZ 27/103; SZ 43/141. e. the thoroughly realistic assumption that none of the joint offenders formed the intention to inflict the loss on their own. It must be noted that in the case of especially dangerous actions, it is sufficient that the joint offenders’ intention was directed towards the proscribed conduct and it is not required that their intention also encompassed the occurrence of the loss.

G. with regard to attorney fees, court fees, admissibility of legal remedies, or court jurisdiction, or for any other reason)? If so, could there be different results when claims arising out of a single tortious act or omission are split up and filed separately? What difference (if any) does it make whether the harm sustained is regarded as a single indivisible loss or a plurality of losses? 76 77 78 Simotta (fn. 71) § 92a no. 2; Oberlandesgericht (OLG) Wien in EvBl 1990/65. Simotta (fn. 71) § 92a no.

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