Objectives of tackling small and scattered damage Voorbeeldclausules

Objectives of tackling small and scattered damage. The question whether acting against small and scattered damage must be made easier is preceded by the question as to the objective one wants to achieve by acting against small and scattered damage. Below we list the various objectives that may be distinguished when tackling small and scattered damage and the associated issues that may arise. Compensation (full or otherwise) of aggrieved parties ▪ The costs of the compensation may (greatly) exceed the extent of the damage, for instance because of high costs for proving the (individual) damage and the costs of distributing relief among aggrieved parties ▪ Individual compensation of aggrieved parties is sometimes impossible because the group of aggrieved parties is unknown or cannot be contacted ▪ Individual compensation is sometimes problematic because the individually suffered damage (or the extent thereof) cannot (or can no longer) be determined Confiscating the benefit to the party causing the damage ▪ Determining the wrongfully enjoyed benefit may be problematic ▪ Coincidence with private action(s) for redress may be problematic ▪ It remains the question as to who is authorised to confiscate the benefit from the party causing the damage ▪ It remains the question as to whom the confiscated benefit is due General prevention ▪ The possibilities to act against small and scattered damage must act as a deterrent to such an extent that it causes potential causers of scattered damage to refrain from conduct causing scattered damage