Schade en risico: over de corrigerende en verdelende functie van het schadevergoedingsrecht

Abstract

This book explores the underlying principles of the law of compensation. To this end, it examines the meaning of four essential concepts: ‘damage’ (schade), ‘benefit’ (voordeel), ‘damage attribution’ (schadetoerekening) and ‘benefit attribution’ (voordeelstoerekening). As a result of this examination, a three-step approach to compensation law cases becomes apparent. Although this approach is in my opinion widely followed in legal practice, it is usually not made explicit. By doing so, I hope to help legal practitioners clarify and

refine their reasoning and argumentation in compensation law cases and offer guidance in addressing the many challenging questions that arise in this area of law.