Essential Cases on Damage

Essential Cases on Damage
Author: Bénédict Winiger
Publisher: Walter de Gruyter
Total Pages: 1176
Release: 2011
Genre: Damages
ISBN: 9783112188804

With an emerging ius commune in the field of tort law, the extensive range of experiences derived from national court practice on the basis of prior laws will in certain respects be of comparatively less importance. A major lacuna is thus apparent: While publications of court decisions and databases exist, none provide access to a comparative selection of recurring issues in the various European legal systems. Along the lines of the previous Digest project on Causation, this study covers another key element of tort law damage. The publication contains a systematic selection of cases from 27 countries across Europe in addition to ECJ case-law, with each case benefiting from an analysis and commentary from a national and, where appropriate, a comparative perspective. Further, the impact of these rulings on a future European law of torts is highlighted. Finally, the publication also looks into how key cases would be resolved under unified European tort law drafts. The object of the study is thus to bridge domestic case-law with the new body of uniform tort law thus facilitating the continuity of legal development in Europe."

Essential Cases on the Limits of Liability

Essential Cases on the Limits of Liability
Author: Bénédict Winiger
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 854
Release: 2024-11-04
Genre: Law
ISBN: 311100127X

European legal systems have developed a broad range of instruments aimed at limiting liability. These instruments are systematically examined within the present volume, which builds on the experience gathered in the various jurisdictions over the past decades and thereby fills a major gap in tort law literature. The publication contains a selection of the most important cases from 27 states across Europe as well as decisions 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 accompanied by an analytical commentary. In addition, comparative analyses of the reported cases are provided and a special report is dedicated to how key cases 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.

Causation in European Tort Law

Causation in European Tort Law
Author: Marta Infantino
Publisher: Cambridge University Press
Total Pages: 785
Release: 2017-12-28
Genre: Law
ISBN: 1108418368

This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

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.

Proof of Causation in Tort Law

Proof of Causation in Tort Law
Author: Sandy Steel
Publisher: Cambridge University Press
Total Pages: 461
Release: 2015-09-11
Genre: Law
ISBN: 1107049105

A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.

Causation in European Tort Law

Causation in European Tort Law
Author: Marta Infantino
Publisher: Cambridge University Press
Total Pages: 786
Release: 2017-12-28
Genre: Law
ISBN: 1108307876

Through a comprehensive analysis of sixteen European legal systems, based on an assessment of national answers to a factual questionnaire, Causation in European Tort Law sheds light on the operative rules applied in each jurisdiction to factual and legal causation problems. It highlights how legal systems' features impact on the practical role that causation is called upon to play, as well as the arguments of professional lawyers. Issues covered include the conditions under which a causal link can be established, rules on contribution and apportionment, the treatment of supervening, alternative and uncertain causes, the understanding of loss-of-a-chance cases, and the standard and the burden of proving causation. This is a book for scholars, students and legal professionals alike.

The Oxford Handbook of Comparative Law

The Oxford Handbook of Comparative Law
Author: Mathias Reimann
Publisher: Oxford University Press
Total Pages: 1425
Release: 2019-03-26
Genre: Law
ISBN: 0192565516

This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Proportional Liability: Analytical and Comparative Perspectives

Proportional Liability: Analytical and Comparative Perspectives
Author: Israel Gilead
Publisher: Walter de Gruyter
Total Pages: 396
Release: 2013-10-14
Genre: Law
ISBN: 3110282585

Causal uncertainty is a wide-spread phenomenon. Courts are often unable to determine whether a defendant’s tortious conduct was a factual cause of a plaintiff’s harm. Yet, sometimes courts can determine the probability that the defendant caused the plaintiff’s harm, although often there is considerable variance in the probability estimate based on the available evidence. The conventional way to cope with this uncertainty has been to apply the evidentiary rule of ‘standard of proof’. The application of this ‘all or nothing’ rule can lead to unfairness by absolving defendants who acted tortiously and may also create undesirable incentives that result in greater wrongful conduct and injustice to victims. Some courts have decided that this ‘no-liability’ outcome is undesirable. They have adopted rules of proportional liability that compensate plaintiffs according to the probability that their harm was caused by the defendant’s tortious conduct. In 2005 the Principles of European Tort Law (PETL) made a breakthrough in this regard by embracing rules of proportional liability. This project, building on PETL, endeavours to make further inquiries into the desirable scope of proportional liability and to offer a more detailed view of its meaning, implications, and ramifications.

Causation and Laws of Nature

Causation and Laws of Nature
Author: H. Sankey
Publisher: Springer Science & Business Media
Total Pages: 408
Release: 1999-12-31
Genre: Law
ISBN: 9780792359142

Causation and Laws of Nature is a collection of articles which represents current research on the metaphysics of causation and laws of nature, mostly by authors working in or active in the Australasian region. The book provides an overview of current work on the theory of causation, including counterfactual, singularist, nomological and causal process approaches. It also covers work on the nature of laws of nature, with special emphasis on the scientific essentialist theory that laws of nature are, at base, the fundamental dispositions or capacities of natural kinds of things. Because the book represents a good cross-section of authors currently working on these themes in the Australasian region, it conveys something of the interest and excitement of an active philosophical debate between advocates of several different research programmes in the area.

Explaining War and Peace

Explaining War and Peace
Author: Jack Levy
Publisher: Routledge
Total Pages: 363
Release: 2007-06-18
Genre: History
ISBN: 1134101406

This edited volume focuses on the use of ‘necessary condition counterfactuals’ in explaining two key events in twentieth century history, the origins of the First World War and the end of the Cold War. Containing essays by leading figures in the field, this book analyzes the causal logics of necessary and sufficient conditions, demonstrates the variety of different ways in which necessary condition counterfactuals are used to explain the causes of individual events, and identifies errors commonly made in applying this form of causal logic to individual events. It includes discussions of causal chains, contingency, critical junctures, and ‘powder keg’ explanations, and the role of necessary conditions in each. Explaining War and Peace will be of great interest to students of qualitative analysis, the First World War, the Cold War, international history and international relations theory in general.