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Author: Jaap Spier Publisher: Springer ISBN: 9789041105813 Category : Law Languages : en Pages : 268
Book Description
Liability law is expanding in many areas and many countries. This development is potentially worrisome. It may affect the availability of useful goods and services and has a negative impact on insurability. This calls for research into techniques to keep liability (law) within reasonable and sustainable limits. This book sheds light on the techniques used in the respective countries, highlighted on the basis of eight cases
Author: Jaap Spier Publisher: Springer ISBN: 9789041105813 Category : Law Languages : en Pages : 268
Book Description
Liability law is expanding in many areas and many countries. This development is potentially worrisome. It may affect the availability of useful goods and services and has a negative impact on insurability. This calls for research into techniques to keep liability (law) within reasonable and sustainable limits. This book sheds light on the techniques used in the respective countries, highlighted on the basis of eight cases
Author: Bénédict Winiger Publisher: Walter de Gruyter GmbH & Co KG ISBN: 311100127X Category : Law Languages : en Pages : 854
Book Description
European legal systems have developed a broad range of instruments aimed at limiting liability. These instruments are systematically examined within the present volume, which builds on the experience gathered in the various jurisdictions over the past decades and thereby fills a major gap in tort law literature. The publication contains a selection of the most important cases from 27 states across Europe as well as decisions by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and accompanied by an analytical commentary. In addition, comparative analyses of the reported cases are provided and a special report is dedicated to how key cases would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.
Author: Thomas Kadner Kadner-Graziano Publisher: Routledge ISBN: 135134062X Category : Law Languages : en Pages : 807
Book Description
Comparative Tort Law promotes a ‘learning by doing’ approach to comparative tort law and comparative methodology. Each chapter starts with a case scenario followed by questions and expertly selected material, such as: legislation, extracts of case law, soft law principles, and (where appropriate) extracts of legal doctrine. Using this material, students are invited to: • solve the proposed scenario according to the laws of several jurisdictions; • compare the approaches and solutions they have identified; • evaluate their respective pros and cons; and • reflect upon the most appropriate approach and solution. This book is essential reading for all students and scholars of comparative tort law and comparative law methodology and is the ideal companion for those wishing to both familiarise themselves with real-world materials and understand the many diverse approaches to modern tort law.
Author: Benedict Winiger Publisher: Walter de Gruyter ISBN: 3110248492 Category : Law Languages : en Pages : 1218
Book Description
The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rules.
Author: Vernon V. Palmer Publisher: Taylor & Francis ISBN: 0415775647 Category : Business & Economics Languages : en Pages : 339
Book Description
Pure economic loss is one of the most-discussed problems in the fields of tort and contract. This book takes a comparative approach to the subject, exploring the principles, policies and rules governing tortious liability for pure economic loss in a number of countries across the world including the USA, Canada, Japan, South Africa and Denmark.
Author: Benedict Winiger Publisher: Walter de Gruyter GmbH & Co KG ISBN: 311053567X Category : Law Languages : en Pages : 1316
Book Description
The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.
Author: Ernst Karner Publisher: Walter de Gruyter GmbH & Co KG ISBN: 3111377776 Category : Law Languages : en Pages : 819
Book Description
The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports from the majority of European jurisdictions, as well as a comparative analysis that identifies emerging trends. Focusing on the year 2022, the authors critically assess important court decisions and new legislation, and provide a literature overview.
Author: Marta Santos Silva Publisher: Springer ISBN: 3319529234 Category : Law Languages : en Pages : 295
Book Description
This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of “legally relevant damage” and its importance in overcoming the deadlock created by the category of “pure economic loss” in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness (“Rechtswidrigkeit”), which limits the compensation for pure economic loss to where a protective rule is infringed. These losses have nevertheless been compensated for through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects’ freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.
Author: Jaap Spier
Author: Jaap Spier
Author: Bénédict Winiger
Author: Thomas Kadner Kadner-Graziano
Author: Benedict Winiger
Author: Vernon V. Palmer
Author: Benedict Winiger
Author: Ernst Karner
Author: Ernst Karner
Author: Gerhard Wagner
Author: Marta Santos Silva