The Institute is pleased to announce its most recent publication in the ongoing and well received series Tort and Insurance Law.
The volume, entitled Aggregation and Divisibility of Damage' (vol.26 of the series), edited by Ken Oliphant deals with a number of important and interconnected, though not always appreciated, legal issues.
Whether the harm for which compensation is sought in an action in tort is regarded as a single indivisible loss or a plurality of losses can have a number of important ramifications for the law of tort, for example, in considering compensable damage, the apportionment of responsibility between multiple tortfeasors, and the application of limitation periods and (where they exist) caps and thresholds.
These issues may have particular significance in the context of mass torts, and raise questions of private international law and civil procedure as well as substantive tort law. They are also of considerable practical importance for insurers.