Abstract
The Utrecht Law Review is an open-access peer-reviewed journal which aims to offer an international academic platform for cross-border legal research. In the first place, this concerns research in which the boundaries of the classic branches of the law (private law, criminal law, constitutional and administrative law, European and public international law) are crossed and connections are made between these areas of the law, amongst others from a comparative law perspective. In addition, the journal welcomes research in which classic law is brought face to face with not strictly legal disciplines such as philosophy, economics, political sciences and public administration science.The journal was established in 2005 and is affiliated to the Utrecht University School of Law. If you wish to receive e-mail alerts please join the mailing list.
Highlights
On June 13th, 2007, Professor Horton Rogers delivered his inaugural address at Utrecht University as G.J
One that allows third parties to recover fully where they, in cases of serious injury, have suffered pecuniary damages on behalf of the primary victim’s physical and/or mental health. In effect this would mean that the criterion of ‘transferred losses’ would be replaced by a criterion that in my view seems more efficient in respect of tort law’s aforementioned goal: did the claimant incur these costs in behalf of the primary victim? For example, damages due to extraordinary care would be covered, and other attempts to restore the primary victim’s health, either made by relatives and/or the employer
In the following brief observations I would like to take a look at what is to be expected in the distant future from European private law, especially European tort law, when we are dealing with third party losses
Summary
This paper will analyse English and German law on the rights of relatives and employers of the primary victim in case of personal injury. Empirical research by the English Law Commission in the 1990s has shown that in such cases a majority of claimants rely on care provided gratuitously by family members and friends.[8] The focus of this paper will be on the rights of the primary victim’s relatives (this includes other individuals such as friends or neighbours) and his or her employer. It will not deal with the position of insurers and social security providers. The position of third parties will be briefly explained prior to dealing with the specific questions regarding compensation
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