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.

Towards a Chinese Civil Code

Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004204881
Release Date: 2012-11-13
Genre: Law

Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.

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.

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.

Mass Torts in Europe

Author: Willem H. van Boom
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 9783110386516
Release Date: 2014-10-14
Genre: Law

In recent years, there has been a growing interest in the legal aspects of mass torts in Europe. This volume offers both a review of real-life cases of mass tort in Europe and an in-depth reflection on the broader implications of mass tort law. Thus, the challenges posed by mass torts are explored, mapped and analysed.

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.

The Law of the Baltic States

Author: Tanel Kerikmäe
Publisher: Springer
ISBN: 9783319544786
Release Date: 2017-05-12
Genre: Law

This is the first book to present the law of the Baltic States in one comprehensive and coherent volume in English. The Baltic States region, which was incorporated by the Soviet Union for 50 years and now is the only such territory in the EU, continues to be characterized by a number of unique traits, problems and developmental trends. This book addresses these facets of law – the status quo, problems and trends – by adopting a comparative perspective structure for all three Baltic States (divided into three main parts – Estonia, Latvia and Lithuania). Each of these parts examines similar core aspects: General Frameworks, Public Law, and Private Law. Taking into account the peculiarities of each country, the individual chapters provide analyses of principles, problems and developments in specific legal branches. The authors of the book are recognized academics and professionals in the field of law. Taken together, their contributions offer a valuable tool and resource for anyone interested in the law of the Baltic States: students, legal practitioners, scholars, administrators, etc.

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.

Uncertain Causation in Tort Law

Author: Miquel Martín-Casals
Publisher: Cambridge University Press
ISBN: 9781316425480
Release Date: 2015-11-19
Genre: Law

This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.

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?

Current Legal Problems 2009

Author: Colm O'Cinneide
Publisher: Oxford University Press, USA
ISBN: 9780199583737
Release Date: 2010-02-04
Genre: Law

The Current Legal Problems lecture series and annual volume was established around sixty years ago at the Faculty of Laws, University College London and has long been recognized as a major reference point for legal scholarship. The continuing strength of Current Legal Problems is its representation of a broad range of legal scholarship opinion, theory, methodology, and subject matter, with an emphasis upon contemporary developments of law. Contributions to the 62nd volume in the series include a comparative analysis of UK and US responses to terrorism, a discussion of the current legal solutions to the issue of cohabitation, an analysis of the broadening scope of risk regulation, and essays on subjects as diverse as media regulation, art and law, and abstraction and equality.

Employers Liability and Workers Compensation

Author: Ken Oliphant
Publisher: Walter de Gruyter
ISBN: 9783110270211
Release Date: 2012-10-30
Genre: Law

The study will consist of reports from different countries and will focus on the compensation of occupational diseases and accidents. Issues like discrimination, moral or sexual harassment and other damages claims of employees will be dealt with in the reports for some countries. Major aspects of the reports will be a description of different existing compensation schemes, interactions between Employers' Liability and Workers' Compensation, a comparison of both systems and their respective efficiency.

Medical Malpractice and Compensation in Global Perspective

Author: Ken Oliphant
Publisher: Walter de Gruyter
ISBN: 9783110270235
Release Date: 2013-10-29
Genre: Law

Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context. Drawing from a wide range of legal systems this study seeks to uncover the underlying similarities and contrasts between the many different approaches taken to the problems of medical malpractice and compensation for medical injuries.

An Inconvenient Deliberation

Author: Miriam Haritz
Publisher: Kluwer Law International
ISBN: 9789041135216
Release Date: 2011
Genre: Law

There is increasing evidence to suggest that adaptation to the inevitable is as relevant to climate change policymaking as mitigation efforts. Both mitigation and adaptation, as well as the unavoidable damage occurring both now and that is predicted to occur, all involve costs at the expense of diverse climate change victims. The allocation of responsibilities--implicit in terms of the burden-sharing mechanisms that currently exist in public and private governance--demands recourse under liability law, especially as it has become clear that most companies will only start reducing emissions if verifiable costs of the economic consequences of climate change, including the likelihood of liability, outweigh the costs of taking precautionary measures. This vitally important book asks: Can the precautionary principle make uncertainty judiciable in the context of liability for the consequences of climate change, and, if so, to what extent? Drawing on the full range of pertinent existing literature and case law, the author examines the precautionary principle both in terms of its content and application and in the context of liability law. She analyses the indirect means offered by existing legislation being used by environmental groups and affected individuals before the courts to challenge both companies and regulators as responsible agents of climate change damage. In the process of responding to its fundamental question, the analysis explores such further questions as the following: What is the role of the precautionary principle in resolving uncertainty in scientific risk assessment when faced with inconclusive evidence, and how does it affect decision-making, particularly in the regulatory choices concerning climate change? To this end, what is the concrete content of the precautionary principle? How does liability law generally handle scientific uncertainty? What different types of liability exist, and how are they equipped to handle a climate change liability claim? What type of liability is best suited for precautionary measures or a lack thereof? Can the application of the precautionary principle make a difference to the outcomes of climate change liability claims? In order to draw conclusions concerning the legal uncertainties posed by climate change, the author draws examples from national legislations representative of the various legal systems, as well as from existing treaties. General rules and obligations relevant to climate change liability are examined, and a selection of actual legal cases from around the world concerning climate change, be it actual liability claims or litigation indirectly relevant to a claim, is also presented. As an overview of the different legal challenges created by climate change liability, this book is without peer. The practical meaning and impact of these findings for lawyers (whether corporate or activist), for regulators and policymakers, and for decision-makers in governmental bodies and private companies is immeasurable.