Damage and Damages
Damage and Damages
This chapter discusses damage and damages, including contributory negligence, as they relate to tort law in Europe and the European Union. The rights to compensation of the victim for personal injury differ substantially from system to system, particularly in the area of non-pecuniary loss. Differences are also apparent if someone gets injured or dies as the consequence of an accident, in which case his relatives will also suffer harm: pecuniary harm for the loss of maintenance and non-pecuniary harm for the loss of a beloved one (damages for bereavement or for grief and sorrow). The chapter also analyses the rules applying to the victim’s contributory negligence. Whereas England and Germany are reluctant in attributing contributory negligence to children, the approach in France is remarkably less advantageous for children.
Keywords: damage, damages, tort law, Europe, European Union, personal injury, non-pecuniary loss, contributory negligence, children
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