Unification of Tort Law PDF Download
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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
Get Book Here
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: European Group on Tort Law
Publisher: Springer
ISBN: 9783211100103
Category : Law
Languages : en
Pages : 282
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Book Description
The European Group on Tort Law presents the results of its extensive research project, the Principles of European Tort Law. They were drafted on the basis of several comparative studies on the most fundamental questions of tortious liability and the law of damages. The Principles are not a mere restatement of the common core of tort law in Europe, but rather a proposal for a comprehensive system of tortious liability for the future, though necessarily linked to existing regimes. They are meant to stimulate discussion both among academics and practitioners and could serve as guidelines for national legislatures, thereby fostering gradual harmonization. The text of the Principles, which is offered in English and several other languages, is accompanied by commentaries on the various parts elaborating their intended meaning and interplay.
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: Francesco Donato Busnelli
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 256
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Book Description
The foundations of tort law in various European legal systems differ considerably. Until now, there has not been an attempt to harmonise the entire field of tort law in a consistent manner. To rectify this, a group of tort lawyers has proposed to address the fundamental questions underlying every tort law system. The result is this important series of books, which searches for a common law of Europe without the necessity yet to lay these principles down in formal legal texts, such as a European civil code. Identifying the most relevant factors in establishing liability as wrongfulness, causation, damage, fault, and the area of strict liability, the authors concentrate on the tort liability factor under discussion in each volume, combining theoretical abstract analysis with the discussion of concrete cases. Each author gives an overview of the particular tort liability factor under his or her national legal system--primarily by working out the concept and its importance in establishing liability--and then applies the analysis to actual cases. The subsequent conclusions aim at the coordination of the results and other important factors. In summary, each volume tries to make clear what common ground pertaining to each tort liability factor underlies all the legal systems concerned with respect to the law of tort. Each volume also provides the academic and practitioner with the fundamental issues relating to that factor underlying the law of tort in the countries covered.
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.
