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Lindenbergh, Siewert D. --- "Damages (in tort)" [2006] ELECD 173; in Smits, M. Jan (ed), "Elgar Encyclopedia of Comparative Law" (Edward Elgar Publishing, 2006)

Book Title: Elgar Encyclopedia of Comparative Law

Editor(s): Smits, M. Jan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845420130

Section: Chapter 22

Section Title: Damages (in tort)

Author(s): Lindenbergh, Siewert D.

Number of pages: 8

Extract:

22 Damages (in tort)*
Siewert D. Lindenbergh


1 Introduction
A comparative study of the law concerning damages is like a comparison of
fruits from different trees: one cannot understand the true nature of the fruit
without studying the tree that it originates from. For this reason, compara-
tive studies of the law of damages are hampered by the very nature of the
differences between the three major European legal families ­ the English,
the French and the German system, being the most representative exam-
ples ­ regarding the sources of damages. This concerns the differences in
approach of delictual and contractual liability as well as the differences in
approach of varying forms of delictual liability (various heads of tortious
liability), each possibly or actually having their own regime for damages.
In this respect three major different systems can be found (Zweigert and
Kötz, 1996). In English law, the regime regarding damages is dependent
upon the nature of a variety of specific torts, and, in absence of a code, is to
be found in case law as well as in literature (McGregor, 2003). According to
French law, the concept of damages is only somewhat elaborated on in the
Civil Code as far as contract is concerned (Arts 1149­1151 CC). As far as
tort is concerned the law of damages is in practice formed by interpretation
of the word `dommage' in Arts 1382 and 1383 CC (general articles on tort)
in case law and literature. Apart from the different regimes in contract ...