Download e-book for iPad: Aggregation and Divisibility of Damage (Tort and Insurance by Ken Oliphant

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By Ken Oliphant

ISBN-10: 3211922083

ISBN-13: 9783211922088

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 problem classes 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 method in addition to important tort legislation. also they are of substantial functional significance for insurers. during this comparative research, kingdom stories from twelve criminal structures and specific stories on deepest foreign legislations and coverage offer an perception into the interplay of tort legislation, civil process, and coverage during this hitherto mostly overlooked zone of felony technology.

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

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Fenyves/F. Kerschner/A. ), Klang-Kommentar (3rd ed. 2008) § 890 no. 34. g. OGH 4 Ob 343/99s = EvBl 2000/104. However, the law accords precedence to restitution in kind (§ 1323 ABGB). 46 If the decision is for restitution in kind, each co-owner can require reparation of the collective property. 14. CASE STUDY (joint ownership) P1 and P2 are joint owners of a building that has been destroyed by a malicious arson attack by D. Is the harm sustained by P1 and P2 regarded as a single indivisible loss or as two losses sustained by P1 and P2 independently, and what are the consequences of the chosen classification?

2008) § 890 no. 34. g. OGH 4 Ob 343/99s = EvBl 2000/104. However, the law accords precedence to restitution in kind (§ 1323 ABGB). 46 If the decision is for restitution in kind, each co-owner can require reparation of the collective property. 14. CASE STUDY (joint ownership) P1 and P2 are joint owners of a building that has been destroyed by a malicious arson attack by D. Is the harm sustained by P1 and P2 regarded as a single indivisible loss or as two losses sustained by P1 and P2 independently, and what are the consequences of the chosen classification?

The second category is called venue of choice (Wahlgerichtsstand; § 86a ff. JN) because the claimant is free to file his claim with the courts at either place of general jurisdiction or at any venue of choice. 70 Under § 65 ff. JN, the place of general jurisdiction is determined according to the defendant’s place of residence or (usual) abode when the defendant is a natural person. Thus, the claimant must sue the defendant where the defendant lives or sojourns (actor sequitur forum rei). If the defendant is a legal entity, then its official seat is decisive.

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


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