The Role of Belgian and Dutch Tort Law in the Legal Battle Against Damage as a Result of Smoking Behaviour

Can tort law play a significant role in the Dutch and Belgian legal systems in the legal fight against damage caused by smoking behaviour? This contribution looks into the compensatory function of tort law. It examines the possibility of compensating victims of damage related to the use of tobacco p...

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Autores principales:	Ilse Samoy, Christopher Borucki, Anne Keirse
Formato:	article
Lenguaje:	EN
Publicado:	Utrecht University School of Law 2019
Materias:	tort law compensation of damage damage caused by smoking behaviour contributory negligence Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/214a1de2d91346f0a6c98562fe23cee4
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id	oai:doaj.org-article:214a1de2d91346f0a6c98562fe23cee4
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spelling	oai:doaj.org-article:214a1de2d91346f0a6c98562fe23cee42021-11-08T08:17:04ZThe Role of Belgian and Dutch Tort Law in the Legal Battle Against Damage as a Result of Smoking Behaviour1871-515X10.36633/ulr.542https://doaj.org/article/214a1de2d91346f0a6c98562fe23cee42019-12-01T00:00:00Zhttps://www.utrechtlawreview.org/articles/542https://doaj.org/toc/1871-515XCan tort law play a significant role in the Dutch and Belgian legal systems in the legal fight against damage caused by smoking behaviour? This contribution looks into the compensatory function of tort law. It examines the possibility of compensating victims of damage related to the use of tobacco products. Central to that inquiry are the questions on who can potentially be held liable and on which liability grounds a claim in tort can be based. Particular attention is paid to the manufacturers of tobacco products. The latter’s liability depends not only on their own conduct, but also on the health risks taken – or rather ignored – by the consumer. As the adverse effects of tobacco smoke have become commonplace, the role of tort law is rather modest. A successful claim is not obvious, but it is possible in specific circumstances.Ilse SamoyChristopher BoruckiAnne KeirseUtrecht University School of Lawarticletort lawcompensation of damagedamage caused by smoking behaviourcontributory negligenceLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENUtrecht Law Review, Vol 15, Iss 3, Pp 78-98 (2019)
institution	DOAJ
collection	DOAJ
language	EN
topic	tort law compensation of damage damage caused by smoking behaviour contributory negligence Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	tort law compensation of damage damage caused by smoking behaviour contributory negligence Law in general. Comparative and uniform law. Jurisprudence K1-7720 Ilse Samoy Christopher Borucki Anne Keirse The Role of Belgian and Dutch Tort Law in the Legal Battle Against Damage as a Result of Smoking Behaviour
description	Can tort law play a significant role in the Dutch and Belgian legal systems in the legal fight against damage caused by smoking behaviour? This contribution looks into the compensatory function of tort law. It examines the possibility of compensating victims of damage related to the use of tobacco products. Central to that inquiry are the questions on who can potentially be held liable and on which liability grounds a claim in tort can be based. Particular attention is paid to the manufacturers of tobacco products. The latter’s liability depends not only on their own conduct, but also on the health risks taken – or rather ignored – by the consumer. As the adverse effects of tobacco smoke have become commonplace, the role of tort law is rather modest. A successful claim is not obvious, but it is possible in specific circumstances.
format	article
author	Ilse Samoy Christopher Borucki Anne Keirse
author_facet	Ilse Samoy Christopher Borucki Anne Keirse
author_sort	Ilse Samoy
title	The Role of Belgian and Dutch Tort Law in the Legal Battle Against Damage as a Result of Smoking Behaviour
title_short	The Role of Belgian and Dutch Tort Law in the Legal Battle Against Damage as a Result of Smoking Behaviour
title_full	The Role of Belgian and Dutch Tort Law in the Legal Battle Against Damage as a Result of Smoking Behaviour
title_fullStr	The Role of Belgian and Dutch Tort Law in the Legal Battle Against Damage as a Result of Smoking Behaviour
title_full_unstemmed	The Role of Belgian and Dutch Tort Law in the Legal Battle Against Damage as a Result of Smoking Behaviour
title_sort	role of belgian and dutch tort law in the legal battle against damage as a result of smoking behaviour
publisher	Utrecht University School of Law
publishDate	2019
url	https://doaj.org/article/214a1de2d91346f0a6c98562fe23cee4
work_keys_str_mv	AT ilsesamoy theroleofbelgiananddutchtortlawinthelegalbattleagainstdamageasaresultofsmokingbehaviour AT christopherborucki theroleofbelgiananddutchtortlawinthelegalbattleagainstdamageasaresultofsmokingbehaviour AT annekeirse theroleofbelgiananddutchtortlawinthelegalbattleagainstdamageasaresultofsmokingbehaviour AT ilsesamoy roleofbelgiananddutchtortlawinthelegalbattleagainstdamageasaresultofsmokingbehaviour AT christopherborucki roleofbelgiananddutchtortlawinthelegalbattleagainstdamageasaresultofsmokingbehaviour AT annekeirse roleofbelgiananddutchtortlawinthelegalbattleagainstdamageasaresultofsmokingbehaviour
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The Role of Belgian and Dutch Tort Law in the Legal Battle Against Damage as a Result of Smoking Behaviour

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