Debated Damages
About this book
In his inaugural lecture, Louis Visscher discusses three forms of 'debated damages' from an economic perspective. First, pain and suffering damages for personal injuries are regarded as too low in the Netherlands, but a framework to assess the 'correct magnitude' is lacking. Visscher argues that the concept of Quality Adjusted Life Years (QALYs) can offer such a framework. Applying QALYs, the author concludes that Dutch damages indeed are too low. Second, a recent draft bill proposes affection damages for relatives of a victim who is seriously injured or killed. Visscher welcomes this, but argues on the basis of economic insights that the envisaged amounts are too low. Third, mass litigation is not allowed to have the object of seeking monetary compensation. A recent draft bill proposes to strike this prohibition. Visscher welcomes this, because mass damages litigation has several potential benefits. Whether the draft bill sketches an economically optimal procedure, however, is questionable. *** Librarians: ebook available on ProQuest and EBSCO (Series: Erasmus Law Lectures - Vol. 39) [Subject: Tort Law, Law and Economics, Dutch Law]
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Table of contents
- Cover
- Title page
- Table of Contents
- 1 Introduction
- 2 An economic approach to damageand damages
- 3 Pain and suffering damages for personal injuries
- 4 Affection damages
- 5 Mass damages
- 6 Words of thanks and closing
- REFERENCES
