Damages

Question 1

What are the purposes of damages?

Answer 1

• Reparation and compensation.
• Recognition, vindication, and satisfaction.
• Punishment and prevention (deterrence).

Question 2

How are damages dealt with in France?

Answer 2

Open, damages for pure economic loss allowed, non-pecuniary losses in personal injury allowed – broad freedom.

Question 3

How are damages dealt with in Germany?

Answer 3

Non-pecuniary losses allowed in cases of strict liability and breach of statutory provision. Reparation is in-kind.

Question 4

How are damages dealt with in England?

Answer 4

Broad spectrum, allows for nominal damages, exemplary damages. Damages are paid out in money. There must be demonstration of a loss. Aggravated damages takes into account the aggravated nature of the injury to the victim.

Question 5

How are future damages paid out in each of the legal systems?

Answer 5

In France, it is flexible; in Germany, periodical is most common; in England, a lump sum is common.

Question 6

When are non-pecuniary damages awarded in France?

Answer 6

Mental or physical damage, aesthetic, and loss of leisure.

Question 7

When are non-pecuniary damages awarded in Germany?

Answer 7

Strict liability and statutory protection.

Question 8

When are non-pecuniary damages awarded in England?

Answer 8

Pain and suffering and loss of amenity.

Question 9

How are families compensated by damages?

Answer 9

1. Costs of funeral.
2. Loss of maintenance.
3. Non-pecuniary (grief and sorrow).
4. Mental health.

Question 10

How can damage amounts be reduced?

Answer 10

• Collateral benefit (insurance, pension, charities).
• Contributory negligence.
• Contributory risk and assumption of risk.

Question 11

What is a class action lawsuit?

Answer 11

A lawsuit where a group of people who experience the same problem are grouped into a class.

Question 12

What are the benefits for a plaintiff of a class-action lawsuit?

Answer 12

• Efficient.
• Procedural solution for mass damage.
• More leverage.

Question 13

What are the benefits for a defendant of a class-action lawsuit?

Answer 13

Can settle many claims all at once.

Question 14

What are the two types of class-action lawsuits?

Answer 14

1. General interest.

2. Group interest (can be pure economic loss or property damage).

Question 15

What are some problems with class-action lawsuits?

Answer 15

• Tracking everyone down.
• Finality.
• Courts swamped.

Question 16

What are some solutions to the problems with class-action lawsuits?

Answer 16

• Binding settlement agreements.

- Class action regimes.

Question 17

How are class-action lawsuits dealt with in the United States of America?

Answer 17

• Federal level, not state.
• Representative plaintiff.
• Requires numerosity, commonality, typicality, and adequacy of representation.

Question 18

What are the requirements for class-action lawsuits in the Netherlands?

Answer 18

• Legal person.
• Interest described.
• Commonality of interests.
• Class members’ interests protected (representativeness, supervision, participation, assets, board of legal persons, internet page).
• Board members.
• Close tie with the Netherlands.
• Attempt to settle.

Question 19

What are some examples of regimes created for mass personal injury class-action lawsuits?

Answer 19

• Dalkon Shield (IUDs).
• DES (pregnancy medication).
• Catholic Church sexual assaults.