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Author:
Publisher:
ISBN: 9781402534706
Category : Damages
Languages : en
Pages : 444
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Book Description
Author:
Publisher:
ISBN: 9781402534706
Category : Damages
Languages : en
Pages : 444
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Book Description
Author: Bernhard Koch
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 482
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Book Description
The foundations of tort law in European legal systems differ considerably. A group of tort law experts, the "European Group on Tort Law", systematically researches the most fundamental questions underlying the various tort law systems. Their work is contained in this series of books, which seeks a common law of Europe without the need to lay these principles down in formal legal texts, such as a European civil code.
Author: Francesco Donato Busnelli
Publisher: Kluwer Law International B.V.
ISBN: 9041121854
Category : Law
Languages : en
Pages : 354
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Book Description
Covers various European countries, Israel, South Africa, and the United States.
Author: Ulrich Magnus
Publisher: Kluwer Law International B.V.
ISBN: 9041122206
Category : Law
Languages : en
Pages : 324
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Book Description
The European Group on Tort Law aims for the formulation of common European principles on tort law. Towards that end they have undertaken a comparative examination of tort law in Europe and elsewhere. This is the eighth volume to result from their researches, concentrating on the issue of "contributory negligence." The legal principles of contributo
Author: W. H. van Boom
Publisher: Kluwer Law International B.V.
ISBN: 904112098X
Category : Law
Languages : en
Pages : 430
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Book Description
Covers various European countries, Israel, South Africa, and the United States.
Author: Arthur Ripstein
Publisher: Harvard University Press
ISBN: 0674659805
Category : Law
Languages : en
Pages : 328
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Book Description
Chapter 8. Remedies, Part 1: As If It Had Never Happened -- Chapter 9. Remedies, Part 2: Before a Court -- Chapter 10. Conclusion: Horizontal and Vertical -- Index
Author: W. V. H. Rogers
Publisher: Kluwer Law International B.V.
ISBN: 9041123199
Category : Law
Languages : en
Pages : 338
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Book Description
Covers various European countries, Israel, South Africa, and the United States.
Author: Marco Cappelletti
Publisher: Oxford University Press
ISBN: 0192859862
Category :
Languages : en
Pages : 385
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Book Description
The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.
Author: Attila Fenyves
Publisher: Walter de Gruyter
ISBN: 311026000X
Category : Law
Languages : en
Pages : 933
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Book Description
The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court’s judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real ‘just’ satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.
Author: Gerhard Wagner
Publisher: Taylor & Francis
ISBN: 9783211244821
Category : Law
Languages : en
Pages : 376
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Book Description
With contributions by numerous experts
