PETL in National Courts: Proportional Liability

In a recent decision by the Israeli Supreme Court a 2005 decision (Malul) which had established a 'pure' proportional liability was revisited and ultimately overturned by a slim majority 5-4. In the place of that ruling 3 of the majority judges endorsed a so called 'recurrent-bias rule'. It will remain to be seen how this new rule might operate in practice.

Having been relied on by the parties in argument, in the course of judgement the court referred to Sections 3:103 and 3:106 of the Principles of European Tort Law  (PETL) which allow for proportional liability. (via Israel Gilead on the ODG)

Furthermore, proportional liability is the focus of a new project of the European Group on Tort Law - taking into account developments in national law since the publication of PETL in 2005 - including the subsequent adoption of proportional liability by national supreme courts in the UK and the Netherlands.

Developments in Israel seem sure to play a role in the ongoing debate over proportional liability in Europe and beyond.



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9/1/2010 4:28:39 PM


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