The Europeanisation Of English Tort Law
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Author | : Paula Giliker |
Publisher | : Bloomsbury Publishing |
Total Pages | : 264 |
Release | : 2014-12-01 |
Genre | : Law |
ISBN | : 1782253793 |
Tort law is often regarded as the clearest example of traditional common law reasoning. Yet, in the past 40 years, the common law of England and Wales has been subject to European influences as a result of the introduction of the European Communities Act 1972 and, more recently, the implementation of the Human Rights Act 1998 in October 2000. EU Directives have led to changes to the law relating to product liability, health and safety in the workplace, and defamation, while Francovich liability introduces a new tort imposing State liability for breach of EU law. The 1998 Act has led to developments in privacy law and made the courts reconsider their approach to public authority liability and freedom of expression in defamation law. This book explores how English tort law has changed as a result of Europeanisation - broadly defined as the influence of European Union and European human rights law. It also analyses how this influence has impacted on traditional common law reasoning. Has Europeanisation led to changes to the common law legal tradition or has the latter proved more resistant to change than might have been expected?
Author | : Christian Twigg-Flesner |
Publisher | : Routledge |
Total Pages | : 288 |
Release | : 2013-04-12 |
Genre | : Law |
ISBN | : 1135923280 |
Critical yet accessible, this book provides an overview of the current debates about the ‘Europeanization’ of contract law. Charting the extent to which English contract law has been subject to this activity, it is the ideal volume for readers unfamiliar with the subject who wish to understand the main issues quickly. It examines a range of key developments, including: a string of directives adopted by the European Union that touch on various aspects of consumer law recent plans for a European Common Frame of Reference on European Contract Law. Bringing together advanced legal scholarship, critically examining key developments in the field and considering the arguments for and against greater convergence in the area of contract law, this is an excellent read for postgraduate students studying contract and/or European law.
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."
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.
Author | : Paula Giliker |
Publisher | : Edward Elgar Publishing |
Total Pages | : 513 |
Release | : 2017-10-27 |
Genre | : Law |
ISBN | : 178536572X |
The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.
Author | : Mark Lunney |
Publisher | : Oxford University Press |
Total Pages | : 1081 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0198745524 |
The sixth edition of this market-leading tort law text provides a complete, authoritative guide to the subject. It combines clear overviews of the law with extracts from cases and materials supported by insightful commentary.
Author | : Ken Oliphant |
Publisher | : Oxford University Press |
Total Pages | : 1086 |
Release | : 2023-02-23 |
Genre | : |
ISBN | : 0198865112 |
This book takes a socio-legal approach and provides a rich and thorough understanding of tort law. Each section begins with a clear overview of the law, followed by illustrative extracts from case law and from government reports and scholarly literature, which are supported by explanation and analysis. This seventh edition has been brought completely up to date by Ken Oliphant and Donal Nolan.Digital formatsThe seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.· The e-book offers a mobile experience and convenient access along with functionality tools and navigation features: www.oxfordtextbooks.co.uk/ebooks · All of OUP's tort law textbooks are supported by online resources including bi-annual updates on the latest key developments in tort law, and self-test questions on key topics, with feedback, providing an opportunity for students to test and consolidate their learning.
Author | : Adam D.K. Abelkop |
Publisher | : Edward Elgar Publishing |
Total Pages | : 651 |
Release | : 2023-03-20 |
Genre | : Law |
ISBN | : 1785360361 |
This incisive volume of the Elgar Encyclopedia of Environmental Law offers a broad analysis of the foundations, main concepts, and substantive and procedural requirements of selected chemical law regimes as they pertain to the environment. Featuring contributions from more than 40 expert scholars and practitioners in the field, the volume focuses on chemical regulatory systems from representative jurisdictions, including the EU and the US, to provide a coherent overview of this expansive and often fragmented area of law. Divided into five thematic parts, the volume first examines the fundamental concepts of chemical law, addressing topics including risk assessment, nomenclature, environmental justice and animal testing. Entries then discuss types of chemicals and exposures, regulation of chemicals in products and manufacturing, and waste and contamination, as well as covering liability rules as they apply to chemicals. This volume will be an essential resource for scholars and students looking for a clear understanding of chemicals regulation and governance from environmental and public health perspectives at both national and international levels. Its insights into policy developments and liability issues will also be of interest to policymakers and practitioners.
Author | : Andrew Robertson |
Publisher | : Bloomsbury Publishing |
Total Pages | : 371 |
Release | : 2016-01-28 |
Genre | : Law |
ISBN | : 178225658X |
The development of the law of obligations across the common law world has been, and continues to be, a story of unity and divergence. Its common origins continue to exert a powerful stabilising influence, carried forward by a methodology that places heavy weight on the historical foundations of legal principles. Divergence is, however, produced by numerous factors, including national and international human rights instruments, local statutory regimes, civil law influences, regional harmonisation, local circumstances and values and different political and legal cultures. The essays in this collection explore the forces that produce divergence, the countervailing forces that generate cohesion and consistency in the common law of obligations, and the influence that the major common law jurisdictions continue to exert over one another in this area of law. The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A second collection, entitled Divergences in Private Law (ISBN: 9781782256601), will focus on particular departures from the common law mainstream and the causes and effects of those deviations.
Author | : Pekka Aalto |
Publisher | : Bloomsbury Publishing |
Total Pages | : 212 |
Release | : 2011-11-01 |
Genre | : Law |
ISBN | : 1847318193 |
Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.