Essential Cases on Damage

Author: Benedict Winiger
Publisher: Walter de Gruyter
ISBN: 9783110248494
Release Date: 2012-01-01
Genre: Law

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.

European Tort Law

Author: Cees van Dam
Publisher: Oxford University Press
ISBN: 9780199672264
Release Date: 2013-03-21
Genre: Law

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.

Proof of Causation in Tort Law

Author: Sandy Steel
Publisher: Cambridge University Press
ISBN: 9781316381076
Release Date: 2015-09-11
Genre: Law

Causation is a foundational concept in tort law: in claims for compensation, a claimant must demonstrate that the defendant was a cause of the injury suffered in order for compensation to be awarded. Proof of Causation in Tort Law provides a critical, comparative and theoretical analysis of the general proof rules of causation underlying the tort laws of England, Germany and France, as well as the exceptional departures from these rules which each system has made. Exploring the different approaches to uncertainty over causation in tort law, Sandy Steel defends the justifiability of some of these exceptions, and categorises and examines the kinds of exceptional rules suggested by the case law and literature. Critically engaged with both the theoretical literature and current legal doctrine, this book will be of interest to private law scholars, judges and legal practitioners.

Civil Liability for Bunker Oil Pollution Damage

Author: Dan Malika Gunasekera
Publisher: Peter Lang
ISBN: 3631604602
Release Date: 2010
Genre: Law

This book deals with the liability conventions brought into existence by the International Maritime Organization and concentrates on the newly adopted instrument dealing with bunker oil pollution as an area of great concern for every stakeholder involved in shipping business. The work covers a wide spectrum ranging from the Convention itself to its scope of application, liable and aggrieved parties, jurisdiction, requirements of liability and admissibility of claims, defences and exoneration from liability. It addresses many areas of interest and of importance to international and national legal advisors, lawyers, law students and anyone interested in the relevant field such as shipowners, charterers, shipbrokers, ship personnel and associated contractors and sub-contractors.

Essential Cases on Misconduct

Author: Benedict Winiger
Publisher: de Gruyter
ISBN: 3110534347
Release Date: 2017-12-10

Despite the growing number of textbooks, national casebooks, monographs and model rules of a European character in the field of tort, a major gap is apparent: seminal national court decisions in a single language on a single platform. The current study does systematically examines causation and damage - equally important elements of tort law, relating to wrongful behaviour and fault, under the combined heading of ‘misconduct’.

Proportional Liability Analytical and Comparative Perspectives

Author: Israel Gilead
Publisher: Walter de Gruyter
ISBN: 9783110282580
Release Date: 2013-10-14
Genre: Law

Courts have, traditionally, required the plaintiff to prove to the requisite standard of proof that causation exists. This monograph addresses what has, to date, been a modest reform toward permitting recovery based on a probability that causation exists, discounting the damages awarded by the probability of causation. The central purpose of our inquiry is to employ a comparative methodology to better understand how different legal systems respond to causal uncertainty and to examine why, how and in what situations rules of proportional liability can promote the goals of tort law.

The Europeanisation of English Tort Law

Author: Paula Giliker
Publisher: Bloomsbury Publishing
ISBN: 9781782253792
Release Date: 2014-12-01
Genre: Law

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?

Compulsory Liability Insurance from a European Perspective

Author: Attila Fenyves
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 9783110485547
Release Date: 2016-09-26
Genre: Law

Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. This study surveys compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom).

European Private Law

Author: Mauro Bussani
Publisher: Carolina Academic Press
ISBN: STANFORD:36105134480883
Release Date: 2009
Genre: Law

This book provides reliable information on private law in an increasingly integrated Europe. It contains a collection of specially commissioned essays, including contributions on: corporation law, trust, law of sales, competition law, products liability, personal injuries law, limitation periods, the harmonization of European private law, and more.

European Tort Law

Author: Ken Oliphant
ISBN: 3902638508
Release Date: 2011
Genre: Insurance law

Selected texts from national civil codes, other legislative enactments, and leading cases in European countries.