Essential Cases on Damage

Essential Cases on Damage
Author: Benedict Winiger
Publisher: Walter de Gruyter
Total Pages: 1218
Release: 2011-11-30
Genre: Law
ISBN: 3110248492

The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rules.

Essential Cases on Misconduct

Essential Cases on Misconduct
Author: Benedict Winiger
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 1316
Release: 2018-01-22
Genre: Law
ISBN: 311053567X

The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.

Essentials to the Law of Damages (Classic Reprint)

Essentials to the Law of Damages (Classic Reprint)
Author: Ralph Stanley Bauer
Publisher: Forgotten Books
Total Pages: 526
Release: 2017-09-12
Genre: Law
ISBN: 9781528150958

Excerpt from Essentials to the Law of Damages Today, as is well known, the situation is altogether dif ferent. In contract, and as to pecuniary elements of dam age in-tort, the court can, and does, exercise rather a close control over the amount of damages; but, as to non-pecuniary elements of damage in torts, the jury may exercise a discretion of considerable breadth, for it is, as to such elements, exceedingly difficult, in most cases, to say that a verdict is excessive or inadequate, and it is altogether impossible to lay down practically complete general rules as in contract. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Essentials to the Law of Damages

Essentials to the Law of Damages
Author: Ralph Stanley Bauer
Publisher: Forgotten Books
Total Pages: 526
Release: 2015-06-16
Genre: Law
ISBN: 9781330119587

Excerpt from Essentials to the Law of Damages The purpose of this book is to state clearly the rules of the law of Damages, to comment upon and illustrate the workings of the rules, and to present important recent developments in this field. An effort is made to cultivate in the student an independent judgment as to the correctness of statements of principle. For this purpose, comparisons of adverse holdings are made, and questionable holdings are questioned or criticized. It is not intended that this work contain any extended treatment of the law of tort and contract. Questions of liability are so interwoven with questions as to the measure of damages that it is necessary to devote small portions of the book to treatment of the primary question of the defendants liability, as is done in all books on this subject. In determining the amount of space to be given to each portion of the general subject, regard has been had to the relative importance of the parts and to their complexity and difficulty. The citations of cases and quotations from them and other authorities have been selected from a large mass of material gathered from almost every possible source during the years in which the writer has written articles upon and taught this subject. Many of the cases quoted, cited, or used as illustrations, are leading cases, and to these have been added such other cases as seem valuable for purposes of instruction. In the selection of cases for illustrative purposes, the element of human interest has never been lost sight of; for the student must be interested while instructed. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Cases On Damages Selected From Decisions of English and American Courts

Cases On Damages Selected From Decisions of English and American Courts
Author: Barry Gilbert
Publisher: Legare Street Press
Total Pages: 0
Release: 2023-07-18
Genre:
ISBN: 9781022875845

This book collects cases from English and American courts, providing insight into the development of the law of damages. It is a useful resource for legal professionals and students of law. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Damage Control (Revised & Updated)

Damage Control (Revised & Updated)
Author: Eric Dezenhall
Publisher: Easton Studio Press, LLC
Total Pages: 257
Release: 2011-06-07
Genre: Business & Economics
ISBN: 1935212257

No one knows this better than Eric Dezenhall and John Weber, who help companies, politicians, and celebrities get out of various kinds of trouble. In this brutally honest and eye-opening guide, they take you behind the scenes of some of the biggest public relations successes—and debacles—of modern business, politics, and entertainment. You’ll discover: • Why the 1982 Tylenol cyanide-poisoning case is always cited as the best model for damage control, when in fact it has no relevance to the typical corporate crisis. • Why Audi never fully recovered from driver accusations of “sudden acceleration”—despite evidence that nothing was wrong with their cars. • What the crises faced by George W. Bush, Jim McGreevey, Sammy Sosa, Lance Armstrong, Martha Stewart, Coca-Cola, and the Catholic Church have in common . . . and what they don’t. This new revised edition includes an additional chapter "Our Permanent Leakocracy" including information about WikiLeaks and what that notorious case means for business.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Atiyah's Accidents, Compensation and the Law

Atiyah's Accidents, Compensation and the Law
Author: Peter Cane
Publisher:
Total Pages: 514
Release: 2006
Genre: Accident law
ISBN: 9780511556630

A classic treatment of the law relating to compensation for personal injuries, this edition discusses the relevant legal rules as well as the social, political and economic issues underlying the law.

Essential Principles of Contract and Sales Law in the Northern Pacific

Essential Principles of Contract and Sales Law in the Northern Pacific
Author: Daniel P. Ryan
Publisher: iUniverse
Total Pages: 470
Release: 2005-08-23
Genre: Law
ISBN: 0595804705

Taking an anthropological approach,Essential Principles of Contract and Sales Law in the Northern Pacific highlights how regional customary and traditional law interact with Anglo-American concepts of contract and sales law to produce a unique amalgam of substantive law in this Pacific region. Author and law professor Daniel P. Ryan compiles and discusses the current contract and sales law applicable in the Pacific region, including the Republics of Palau and the Marshall Islands, Hawaii, Guam, Northern Mariana Islands, American Samoa, and the Federated States of Micronesia. Ryan compares and contrasts this regional law to international standards, including the UN Sale of Goods Convention, the UNIDROIT Principles of Contract Law, UNCITRAL Model Law for E-Commerce, the Uniform Commercial Code, the Revised Uniform Commercial Code, and the Restatement (Second) of Contracts. Essential Principles of Contract and Sales Law in the Northern Pacific is essential reading for members of the judiciary, academics, practitioners, students, and businesses within the region and their major trade partners.