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Aggregation and Divisibility of Damage

  • Book
  • © 2009

Overview

Editors:
  1. Ken Oliphant
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Part of the book series: Tort and Insurance Law (TIL, volume 26)

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Table of contents (19 chapters)

  1. Front Matter

    Pages I-XII
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  2. Questionnaire

    1. Questionnaire

      Pages 1-9

  3. Country Reports

    1. Front Matter

      Pages 11-11
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    2. Aggregation and Divisibility of Damage in Austria: Tort Law

      • Ernst Karner, Olaf Riss
      Pages 13-49

    3. Aggregation and Divisibility of Damage in Austria: Insurance

      • Attila Fenyves
      Pages 51-61

    4. Aggregation and Divisibility of Damage in Denmark: Tort Law and Insurance

      • Andreas Bloch Ehlers
      Pages 63-93

    5. Aggregation and Divisibility of Damage in England and Wales: Tort Law

      • Ken Oliphant
      Pages 95-124

    6. Aggregation and Divisibility of Damage in England and Wales: Insurance

      • Richard Lewis
      Pages 125-142

    7. Aggregation and Divisibility of Damage in France: Tort Law and Insurance

      • Suzanne Galand-Carval
      Pages 143-174

    8. Aggregation and Divisibility of Damage in Germany: Tort Law and Insurance

      • Gerhard Wagner
      Pages 175-220

    9. Aggregation and Divisibility of Damage in Hungary: Tort Law and Insurance

      • Attila Menyhárd
      Pages 221-254

    10. Aggregation and Divisibility of Damage in Israel: Tort Law

      • Israel Gilead
      Pages 255-273

    11. Aggregation and Divisibility of Damage in Italy: Tort Law and Insurance

      • Alberto Monti
      Pages 275-293

    12. Aggregation and Divisibility of Damage in Poland: Tort Law and Insurance

      • Ewa BagiÅ„ska
      Pages 295-329

    13. Aggregation and Divisibility of Damage in Spain: Tort Law and Insurance

      • Albert Ruda, Josep Solé Feliu
      Pages 331-377

    14. Aggregation and Divisibility of Damage In the United States: Tort Law And Insurance

      • Michael D. Green, Brooks M. Hanner
      Pages 379-423
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Keywords

About this book

Whether the harm for which compensation is sought in an action in tort is regarded as a single indivisible loss or a plurality of losses can have a number of important ramifications. If there are several losses, it may be that more than one of the claimant’s interests is affected and that only some of his losses are considered to be recoverable damage. Whether or not consequential loss is regarded as an independent harm, to be addressed separately, or as part of the whole damage also bears upon this question of recoverability, as well as upon the application of statutes of limitation of action. Where there exist liability caps and minimum damage thresholds, the question may arise whether these apply once only, to the whole of the claim, or to each of several different c- ponents of the overall claim. A plurality of losses may also be reflected in the application of the laws of contributory negligence. These problems relating to the divisibility of damage may be particularly pressing in cases where there are multiple claimants or multiple defendants. If two or more claimants have rights over the same damaged property (e. g. as joint owners or as owner and licensee), whether they are regarded as having suffered the same loss or independent losses may have implications for the claims they can bring.

About the authors

Editor: Ken Oliphant

Authors:
Ernst Karner, Olaf Riss, Andreas Bloch Ehlers, Suzanne Galand-Carval, Gerhard Wagner ,Ken Oliphant, Attila Menyhard, Israel Gilead, Alberto Monti, Ewa Baginska, Albert Ruda Gonzales, Josep Sole Feliu, Michael D. Green, Brooks M. Hanner, Thomas Thiede, Richard Lewis, Attila Fenyves, Christian Lahnstein, Marlene Steininger

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