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Under tort law, for example, people are to be "made whole" for damages; there is no deduction for life insurance.
Thus, compensation should be awarded irrespective of whether national law treats the case under tort or contract (where compensation is undisputed).
The lawsuits that BP faces thus far, under tort law, are not limited or barred by the Oil Pollution Act, and involve fishermen, oystermen, landowners, restaurateurs, seafood processors and others affected by the spill.
Under tort law, the measure of compensation is usually the money value of any losses or injuries sustained as a "natural and proximate" result of the wrongful act (e.g., negligently causing an automobile accident).
And should the emphasis be on compensating the victim's economic loss with, perhaps, token sums awarded for non-pecuniary loss (as with the New Zealand scheme) or should non-pecuniary loss receive more generous treatment (as under tort law)?
They say legends like the one about the Texas railroad have been used to maximum effect by a national business-supported movement to make it harder for plaintiffs to win lawsuits under tort law, which governs civil injury claims.
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Currently working on: A lengthy civil trial against the police brought the under Torts (Interference with Goods) Act 1977.
553, 559, 62 L.Ed.2d 481980980) (injury "too remote a consequence" of official conduct to impose liability under § 1983, even if conduct "proximately caused" injury under state tort law).
Under New Bush, tort reform should be on the way.
The Article 8 rights of private parties would be protected by means of civil claims under this tort.
He also noted that people injured by official negligence could sometimes seek compensation under state tort law.
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