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

By Ken Oliphant

No matter 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 very important 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 drawback classes and (where they exist) caps and thresholds. those concerns can have specific value within the context of mass torts, and lift questions of non-public foreign legislation and civil technique in addition to important tort legislations. also they are of substantial useful significance for insurers. during this comparative examine, kingdom reviews from twelve felony platforms and certain studies on inner most foreign legislations and coverage offer an perception into the interplay of tort legislations, civil technique, and assurance during this hitherto mostly overlooked region of criminal technological know-how.

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78 24. CASE STUDY (national jurisdiction; place where the loss occurred) In the jurisdictional area of court W, D poisons P’s food. This food is fed to P’s dog in the jurisdictional area of court X. Consequently, the dog starts to vomit while in the jurisdictional area of court Y and makes a mess of P’s car. In the jurisdictional area of court Z, P himself consumes the poisoned food and consequently suffers stomach cramps and nausea. Before which court can P sue for compensation in respect of his losses (messed-up car, pain and suffering, loss of earnings)?

56 54 55 56 OGH in SZ 30/80; 1 Ob 200/03y = ZVR 2004/49; KBB-Karner (fn. 20) § 1301 no. 1. OGH 1 Ob 200/03y = ZVR 2004/49; cf. also SZ 30/80: Anfertigung einer Maske für Raubüberfall. F. Bydlinski, Mittäterschaft im Schadensrecht, Archiv für die civilistische Praxis (AcP) 158 (1959/1960) 430. Austria: Tort Law 33 18. CASE STUDY (personal injury was explicitly excluded) Assuming the same facts as above, is the case treated differently if D1, D2 and D3 initially agreed not to use force, but D2 nevertheless fired his gun when E failed to comply with his orders?

In this manner, it is ensured that no manufacturer will have to compensate more harm than was caused by him”. 22. CASE STUDY (market share liability) D1, D2, and D3 are pharmaceutical manufacturers producing drugs which are based on the same chemical agent and distributed in state A. Years after bringing the drug onto the market it turns out that the agent used in the drugs causes cancer. P is one of thousands of victims who, like all the others, is unable to show which manufacturer’s product (D1, D2, or D3) he has been ingesting.

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