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The Recovery of Non-Pecuniary Loss in European Contract Law

The Recovery of Non-Pecuniary Loss in European Contract Law PDF Author: Vernon V. Palmer
Publisher: Cambridge University Press
ISBN: 1316300684
Category : Law
Languages : en
Pages : 535

Book Description
This is the first comprehensive work to capture the rise of moral damages (non-pecuniary loss) in European contract law through a historical and comparative analysis. Unique features of this study include the first classification scheme of the systems into liberal, moderate and conservative regimes, a taxonomy of non-pecuniary loss drawn from a European-wide jurisprudence, and a comprehensive bibliography of the subject. Written by a leading academic on comparative law, Palmer's precise and practical insights on Europe's leading cases will be of great interest to academic researchers and practitioners alike.

The Recovery of Non-Pecuniary Loss in European Contract Law

The Recovery of Non-Pecuniary Loss in European Contract Law PDF Author: Vernon V. Palmer
Publisher: Cambridge University Press
ISBN: 1316300684
Category : Law
Languages : en
Pages : 535

Book Description
This is the first comprehensive work to capture the rise of moral damages (non-pecuniary loss) in European contract law through a historical and comparative analysis. Unique features of this study include the first classification scheme of the systems into liberal, moderate and conservative regimes, a taxonomy of non-pecuniary loss drawn from a European-wide jurisprudence, and a comprehensive bibliography of the subject. Written by a leading academic on comparative law, Palmer's precise and practical insights on Europe's leading cases will be of great interest to academic researchers and practitioners alike.

A Company's Right to Damages for Non-Pecuniary Loss

A Company's Right to Damages for Non-Pecuniary Loss PDF Author: Vanessa Wilcox
Publisher: Cambridge University Press
ISBN: 1316668525
Category : Law
Languages : en
Pages : 227

Book Description
Applying appropriate legal rules to companies with as much consistency and as little consternation as possible remains a challenge for legal systems. One area causing concern is the availability of damages for non-pecuniary loss to companies, a disquiet that is rooted in the very nature of such damages and of companies themselves. In this book, Vanessa Wilcox presents a detailed examination of the extent to which damages for non-pecuniary loss can be properly awarded to companies. The book focusses on the jurisprudence of the European Court of Human Rights and English law, with a chapter also dedicated to comparative treatment. While the law must be adaptable, Wilcox concludes that considerations of coherency, certainty and ultimately justice dictate that the resulting rules should conform to certain core legal principles. This book lays the foundation for further comparative research into this topic and will be of interest to both the tort law and broader legal community.

The French Contract Law Reform

The French Contract Law Reform PDF Author: Sophie Stijns
Publisher:
ISBN: 9781780684192
Category : Contracts
Languages : en
Pages : 0

Book Description
This book results from the Contract Law Workshop of the 20th Ius Commune Conference held 26-27 November 2015. The theme of this Workshop was: The French Contract Law Reform: a Source of Inspiration? Since the conference in November 2015, all authors have incorporated comments on the final version of the ordonnance.

Unexpected Circumstances in European Contract Law

Unexpected Circumstances in European Contract Law PDF Author: Ewoud Hondius
Publisher: Cambridge University Press
ISBN: 1139501151
Category : Law
Languages : en
Pages : 715

Book Description
The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.

Tort Law

Tort Law PDF Author: Keith N. Hylton
Publisher: Cambridge University Press
ISBN: 1316598497
Category : Law
Languages : en
Pages : 465

Book Description
Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.

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

Modernising Civil Liability Law in Europe, China, Brazil and Russia PDF Author: Gert Brüggemeier
Publisher: Cambridge University Press
ISBN: 1139497626
Category : Law
Languages : en
Pages : 301

Book Description
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'.

Commentaries on European Contract Laws

Commentaries on European Contract Laws PDF Author: Nils Jansen
Publisher: Oxford University Press
ISBN: 0192508008
Category : Law
Languages : en
Pages : 2379

Book Description
The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

The European Convention on Human Rights as an Instrument of Tort Law

The European Convention on Human Rights as an Instrument of Tort Law PDF Author: Stefan Somers
Publisher:
ISBN: 9781780686837
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
Languages : en
Pages : 0

Book Description
This book provides a detailed examination of the European Court of Human Rights' practice to award compensation under Article 41 of the European Convention on Human Rights and its consequences.

Roman Law and the Legal World of the Romans

Roman Law and the Legal World of the Romans PDF Author: Andrew M. Riggsby
Publisher: Cambridge University Press
ISBN: 052168711X
Category : History
Languages : en
Pages : 295

Book Description
Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life.

Chinese Contract Law

Chinese Contract Law PDF Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1107176328
Category : Law
Languages : en
Pages : 545

Book Description
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.