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Author: Miquel Martín-Casals
Publisher:
ISBN: 9781780689135
Category : Contracts
Languages : en
Pages : 845
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Book Description
All European legal systems recognise a boundary between the domains of tort and contract. While there have been voices contending that this distinction is no longer valid or at least that there should be a unification of the two sets of rules in particular contexts, others claim that there is still a very important distinction to be maintained. In fact the boundary between the two areas is often blurred and whether it is drawn in one place or another varies from country to country, giving rise to the paradox that what is considered a matter of contractual liability in one legal system is governed exclusively by tort law in another. This volume explores how differences between tort and contract affect the foundations of liability, the nature and amount of the compensation, the extent of liability and whether defences and limitation periods corresponding to the distinct causes of action give rise to substantially different outcomes. It also analyses to what extent actions in tort and in contract exclude each other and, when this is the case, how their concurrence is organised. Lastly it devotes its attention to specific situations such as pre-contractual liability and the liability of professionals.
Author: Miquel Martín-Casals
Publisher:
ISBN: 9781780689135
Category : Contracts
Languages : en
Pages : 845
Get Book Here
Book Description
All European legal systems recognise a boundary between the domains of tort and contract. While there have been voices contending that this distinction is no longer valid or at least that there should be a unification of the two sets of rules in particular contexts, others claim that there is still a very important distinction to be maintained. In fact the boundary between the two areas is often blurred and whether it is drawn in one place or another varies from country to country, giving rise to the paradox that what is considered a matter of contractual liability in one legal system is governed exclusively by tort law in another. This volume explores how differences between tort and contract affect the foundations of liability, the nature and amount of the compensation, the extent of liability and whether defences and limitation periods corresponding to the distinct causes of action give rise to substantially different outcomes. It also analyses to what extent actions in tort and in contract exclude each other and, when this is the case, how their concurrence is organised. Lastly it devotes its attention to specific situations such as pre-contractual liability and the liability of professionals.
Author: Miquel Martín-Casals
Publisher: Principles of European Tort Law
ISBN: 9781780682488
Category : Comparative law
Languages : en
Pages : 0
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Book Description
This volume explores how differences between tort and contract affect the foundations of liability, the nature and amount of the compensation, the extent of liability and whether defences and limitation periods corresponding to the distinct causes of action give rise to substantially different outcomes.
Author: Franz Werro
Publisher:
ISBN: 9782802718994
Category : Europäische Union
Languages : en
Pages : 473
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Book Description
Author: William Warwick Buckland
Publisher: CUP Archive
ISBN:
Category : Common law
Languages : en
Pages : 472
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Book Description
Author: Mauro Bussani
Publisher: Cambridge University Press
ISBN: 113943862X
Category : Law
Languages : en
Pages : 641
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Book Description
How far can tort liability expand without imposing excessive burdens upon individual activity? This comprehensive 2003 study of pure economic loss in Europe uses a fact-based comparative method and research into the laws of thirteen European countries. Includes a historical and analytical introduction to economic loss.
Author: Emily Finch
Publisher: Pearson Education
ISBN: 9781405873628
Category : Law
Languages : en
Pages : 244
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Book Description
Law Express: Tort Law is designed to help you to relate all the reading and study throughout your course specifically to exam and assignment situations. Understand quickly what is required, organise your revision, and learn the key points with ease, to get the grades you need. Tested with examiners and students.
Author: Omri Ben-Shahar
Publisher: Cambridge University Press
ISBN: 1139493302
Category : Law
Languages : en
Pages :
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Book Description
Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role of 'fault' in contract law. Is it immoral to breach a contract? Should a breaching party be punished more harshly for willful breach? Does it matter if the victim of breach engaged in contributory fault? Is there room for a calculus of fault within the 'efficient breach' framework? For generations, contract liability has been viewed as a no-fault regime, in sharp contrast to tort liability. Is this dichotomy real? Is it justified? How do the American and European traditions compare? In exploring these and related issues, the essays in this volume bring together a variety of outlooks, including economic, psychological, philosophical, and comparative approaches to law.
Author: Jenny Steele
Publisher: Oxford University Press, USA
ISBN: 0199248850
Category : Law
Languages : en
Pages : 979
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Book Description
This new text offers a stimulating and thought-provoking guide to tort law. It combines a wealth of substantial extracts from cases and materials with insightful author commentary and explanations to create a complete learning resource for students. The author's clear writing style enables students to gain a secure understanding of the fundamental principles of the subject, as well as guiding students through the more complex issues. This text presents a range of perspectives, and provides students with the detailed knowledge and analytical tools required to engage fully with this fascinating subject. Designed as a stand-alone textbook, undergraduates will find everything they need in this one convenient and easy-to-use volume.
Author: Mauro Bussani
Publisher: Oxford University Press
ISBN: 019536838X
Category : Law
Languages : en
Pages : 297
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Book Description
The place of tort law -- Negligence (and strict liability) -- Recovery for physical harms : the case of medical malpractice -- Non-economic damage and primary victims -- Recovery of secondary victims for economic harm and emotional distress -- Compensation for pure economic loss -- Causation -- Products liability.
Author: Frederick Schauer
Publisher: Harvard University Press
ISBN: 0674368215
Category : Business & Economics
Languages : en
Pages : 256
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Book Description
Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law