Comparative Tort Law
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Comparative Tort Law

Global Perspectives

Edited by Mauro Bussani and Anthony J. Sebok

This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
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Chapter 7: Tort law and insurance

Ina Ebert

Abstract

The article explores the interaction between tort law and liability insurance, both in theory and in reality. It shows how liability insurance plays a vital role not just in compensating victims of torts, but also in enabling or discouraging dangerous activities or developing new technologies. This includes an analysis of how different types of insurance (third-party and first-party, private and social, compulsory and optional) interfere with the deterrence function of tort law and which methods exist to overcome the resulting moral hazards.

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