European Tort Law 2005
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Author | : European Group on Tort Law |
Publisher | : Springer |
Total Pages | : 282 |
Release | : 2009-09-02 |
Genre | : Law |
ISBN | : 9783211100103 |
The European Group on Tort Law presents the results of its extensive research project, the Principles of European Tort Law. They were drafted on the basis of several comparative studies on the most fundamental questions of tortious liability and the law of damages. The Principles are not a mere restatement of the common core of tort law in Europe, but rather a proposal for a comprehensive system of tortious liability for the future, though necessarily linked to existing regimes. They are meant to stimulate discussion both among academics and practitioners and could serve as guidelines for national legislatures, thereby fostering gradual harmonization. The text of the Principles, which is offered in English and several other languages, is accompanied by commentaries on the various parts elaborating their intended meaning and interplay.
Author | : Gert Brüggemeier |
Publisher | : Cambridge University Press |
Total Pages | : 301 |
Release | : 2011-05-19 |
Genre | : Law |
ISBN | : 1139497626 |
Non-contractual liability, stemming from damage accountably caused to another, has been the subject of the PETL and DCFR VI European reform initiatives. Gert Brüggemeier, however, proposes alternative reforms which, instead of trying to overcome the differences between civil law (delict) and common law (torts), are restricted to civil liability. The focus is on the grounds of accountability, and stricter forms of liability are at the fore. Quasi-strict enterprise liability is introduced to fill the lacuna between personal fault and forms of strict liability. A commentary is included on recent legislation on civil liability in China, Brazil and Russia to demonstrate how these large countries try to come to grips with the challenges of 'risk society'.
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.
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.
Author | : M. Stuart Madden |
Publisher | : Cambridge University Press |
Total Pages | : 508 |
Release | : 2005-09-26 |
Genre | : Law |
ISBN | : 9780521851367 |
This is a collection of scholarship from the most influential contributors regarding Torts law.
Author | : Willem H. van Boom |
Publisher | : Springer |
Total Pages | : 0 |
Release | : 2011-10-09 |
Genre | : Law |
ISBN | : 9783211998830 |
Here is a systematic analysis of the interaction of administrative law and tort law. The focus is mainly on safety regulations and provisions aimed at environmental protection. There are reports from the European Union, Norway, Switzerland and the USA, as well as three special reports from the perspectives of administrative and regulatory law and of insurance. An economic analysis is included. The results are summarized in a comparative report, followed by conclusions.
Author | : Mauro Bussani |
Publisher | : Cambridge University Press |
Total Pages | : 641 |
Release | : 2003-07-31 |
Genre | : Law |
ISBN | : 113943862X |
How far can tort liability expand without imposing excessive burdens upon individual activity? This comprehensive 2003 study of pure economic loss in Europe uses a fact-based comparative method and research into the laws of thirteen European countries. Includes a historical and analytical introduction to economic loss.
Author | : C. C. van Dam |
Publisher | : Oxford University Press, USA |
Total Pages | : 654 |
Release | : 2013-03-21 |
Genre | : Law |
ISBN | : 0199672261 |
This textbook provides insight into the differences commonalities and mutual influece of the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, EU law, and human rights law.
Author | : Rachael Mulheron |
Publisher | : Cambridge University Press |
Total Pages | : 1111 |
Release | : 2020-10-22 |
Genre | : Law |
ISBN | : 1108727646 |
This book does what it 'says on the tin' - stating the corpus of tort law as a body of principles. Undertaken for the first time in English tort law, this book describes the law of tort concisely, accessibly, and accurately, and with both depth and detail.
Author | : Study Group on a European Civil Code |
Publisher | : sellier. european law publ. |
Total Pages | : 406 |
Release | : 2008 |
Genre | : Civil law |
ISBN | : 3866530595 |
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.