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http://hdl.handle.net/1942/36666
Title: | The Role of Belgian and Dutch Tort Law in the Legal Battle Against Damage as a Result of Smoking Behaviour | Authors: | SAMOY, Ilse BORUCKI, Christopher Keirse, A |
Issue Date: | 2019 | Publisher: | UTRECHT UNIV LIBRARY OPEN ACCESS JOURNALS | Source: | Utrecht law review, 15 (3) , p. 78 -98 | Abstract: | 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. | Keywords: | Tort law;compensation of damage;damage caused by smoking behaviour;contributory negligence | Document URI: | http://hdl.handle.net/1942/36666 | ISSN: | 1871-515X | e-ISSN: | 1871-515X | DOI: | 10.36633/ulr.542 | ISI #: | 000502843200006 | Rights: | 2019 The Author(s). This is an open-access article distributed under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. See http://creativecommons.org/licenses/by/4.0/ | Category: | A1 | Type: | Journal Contribution | Validations: | vabb 2023 |
Appears in Collections: | Research publications |
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File | Description | Size | Format | |
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15UtrechtLRev78.pdf | Published version | 2.17 MB | Adobe PDF | View/Open |
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