Fault and damages: the influence of (the degree of) fault on the size of damage (awards)
PhD student: Mrs A.I. Schreuder
Promotors: Prof S.D. Lindenbergh, Prof H.N. Schelhaas
Duration: 1/9/2015 - 31/8/2019
The proposed research examines the role that the (degree of) fault of the tortfeasor plays and should play in assessing the extent of liability, from a comparative perspective. It aims to develop an overarching analysis of when and how the nature and severity of the norm violation affects the assessment of the damage (awards) in civil law. Furthermore, it aims to assess if such an influence of \'moral judgements\' pertaining to the behaviour of the tortfeasor is desirable, and, if so, how this should take shape.