Deviating from the principle of full compensation in Belgian tort law
Subtitle: can't see the wood for the trees in the 21st century
By: Pieter Gillaerts ; Ilse Samoy and Sophie Stijns (eds.).
Series: Instituut voor verbintenissenrecht KU Leuven
Publisher: Die Keure
Published: 2017
Place of publication: Brugge
Language: eng
Number of pages: 252
ISBN-13: 9782874034459
Subjects: Set-off and counterclaim; Torts
Description: "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.
Notes: Includes bibliographical references (pages 203-237) and index.