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 for the law of tort, for example, in considering compensable damage, the apportionment of responsibility between multiple tortfeasors, and the application of limitation periods and (where they exist) caps and thresholds. These issues may have particular significance in the context of mass torts, and raise questions of private international law and civil procedure as well as substantive tort law. They are also of considerable practical importance for insurers.
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Titolo: | Aggregation and divisibility of damage in Italy: tort law and insurance |
Data di pubblicazione: | 2009 |
Autori: | |
Autori: | Monti, Alberto |
Titolo del libro: | Aggregation and Divisibility of Damage |
Tutti i curatori: | Ken Oliphant |
ISBN: | 9783211922088 |
Abstract: | 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 for the law of tort, for example, in considering compensable damage, the apportionment of responsibility between multiple tortfeasors, and the application of limitation periods and (where they exist) caps and thresholds. These issues may have particular significance in the context of mass torts, and raise questions of private international law and civil procedure as well as substantive tort law. They are also of considerable practical importance for insurers. |
Appare nelle tipologie: | 20 - Contributions to volume, chapters or articles / Contributo in volume Capitolo o Saggio Scientifico |