PhD defence B. (Björn) Schouten

Wilful Misconduct and Deliberate Recklessness in Employment Law and Private Law
Promotor C.J. Loonstra

Promotor A.R. Houweling

Friday 26 Nov 2021, 13:00 - 14:30
PhD defence
Senate Hall
Erasmus Building
Campus Woudestein
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On 26 November 2021, 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.

The public defence will take place at the Senate Hall, 1st floor Erasmus Building, location campus Woudestein. The ceremony will begin exactly at 13.00 PM. In light of the solemn nature of the ceremony, we recommend that you do not take children under the age of 6 to the first part of the ceremony.

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