Principles of European Tort Law

Principles of European Tort Law
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.

Modernising Civil Liability Law in Europe, China, Brazil and Russia

Modernising Civil Liability Law in Europe, China, Brazil and Russia
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'.

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.

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.

Exploring Tort Law

Exploring Tort Law
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.

Tort and Regulatory Law

Tort and Regulatory 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.

Pure Economic Loss in Europe

Pure Economic Loss in Europe
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.

Principles of Tort Law

Principles of Tort 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.

European Tort Law

European Tort Law
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.

Law of Torts

Law of Torts
Author: Bryan M E McMahon
Publisher: Bloomsbury Publishing
Total Pages: 2668
Release: 2015-04-23
Genre: Law
ISBN: 1780438842

This is the eagerly awaited new edition of Law of Torts, the complete Irish tort law reference book. For this, the contents have been extensively revised since the last edition was published in 2000. Key developments are detailed and relevant recent case law is examined. This book is essential for both legal practitioners and people studying Irish law. Recent important legislation examined in the book includes: Criminal Law (Defence and the Dwelling) Act 2011, Civil Law (Miscellaneous Provisions) Act 2011, Defamation Act 2009, Consumer Protection Act 2007, Civil Liability and Courts Act 2004 and Personal Injuries Assessment Board Act 2003. Key developments and case law are examined in areas such as pure economic loss, limitations and purchase of financial products, vicarious liability for sexual assaults, damages, privacy, defamation, psychiatric injury, liability of public authorities, employers' liability, professional negligence, defective buildings and products and occupiers' liability. First published in 1980, Law of Torts has long been a cornerstone work in Irish law, indeed in the foreword to the first edition Judge Brian Walshe noted that the book represented a challenge to the 'unquestioned assumption that English text-books would satisfy all needs.' This new addition will only add to the book's long-established merit and value.