- Friday 18 Dec 2020, 11:30 - 13:00
- PhD defence
- Spoken Language
- Senate Hall
- Erasmus Building
- Campus Woudestein
On Friday 18 December 2020, B. Schouten will defend his PhD dissertation, entitled: ‘Wilful Misconduct and Deliberate Recklessness in Employment Law and Private Law’.
In employment law, the concepts of 'intent' and 'deliberate recklessness' occur in various contexts. The same or very similar concepts are also used in other areas of private law, such as insurance law, transport law and traffic law. However, the concepts are not always interpreted in the same way. This raises the question whether the way in which the concepts of intent and deliberate recklessness are interpreted in private law is internally consistent with the way in which these concepts are interpreted in employment law. The dissertation discusses the interpretation of 'intent' and 'deliberate recklessness' in both employment law and other areas of private law. Parliamentary history, literature and the case law of the Supreme Court as well as lower courts are extensively examined. Subsequently, the findings relating to employment law and private law are compared with each other from the perspective of three viewpoints: terminology, ratio and type of legal subject. The differences and similarities observed are examined and cross-references are made between the various areas of law.
Due to corona, the PhD defences do not take place publicly in the usual way in the Senate Hall of the Professor Andries Querido Room. The candidates will defend their dissertation either in a small group or online.