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Deviating from the principle of full compensation in Belgian tort law

Deviating from the principle of full compensation in Belgian tort law

Sophie Stijns, Ilse Samoy, Pieter Gillaerts

About this book

"As an exception to the rule that the loss lies where it falls, tort law shifts the loss on the basis of the tortfeasor's responsibility. Key to the scope of the redress is the fundamental principle of full compensation. It is based on a traditional balancing of interests, where the interest of the innocent victim prevails over the interest of the guilty person. Yet, our increasingly complex society and the wide array of deviations calls for a reassessment of the absolute nature of the 200-year-old principle of full compensation. What if it becomes completely unfair to award a full compensation? How does one take into account that strict liabilities also spread the loss instead of merely shifting it?"--Back cover.

Details

OL Work ID
OL44145093W

Subjects

Set-off and counterclaimTorts

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Book data from Open Library. Cover images courtesy of Open Library.