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Cases, Materials and Text on National, Supranational and International Tort Law


ISBN13: 9781841131399
ISBN: 1841131393
Previous Edition ISBN: 1901362736
Published: January 2001
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £110.00



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This work is the complete version of the Casebook on Tort Law, part of which was published in 1998 under the title Tort Law: Scope of Protection. Additional subjects covered in this book include the tort/contract divide, causation, remedies, fault and unlawfulness, liability for others, and liability not based on fault as well as defences.

It is part of the Casebooks for the Common Law of Europe series, developed for use throughout Europe and aimed at those who teach, learn or practise law with a comparative or European perspective. Readers should find leading cases, legislation and other materials from the legal traditions within Europe, with focus on English, French and German law as the main representatives of those traditions.

Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team.

Subjects:
Tort Law
Contents:
Part 1 General topics and general approach of tort laws: meaning of tort law
functions of tort law - compensation and its different meanings, from loss-shifting to loss-spreading, deterrence of undesirable behaviour, avoidance of inefficient behaviour
tort and contract - concurrence, contractual chains
the approach of tort laws in general - the English approach, the French approach, the German approach, the Nordic approach, recent codifications
comparative overview.
Part 2 Scope of protection: protection of life, physical integrity, health and freedom - German law, English law, French law
Belgian, Italian, Swedish and Dutch law, comparative overview
protection of personality rights and privacy - German law, French law, English law, Irish and Portuguese law, comparative overview
protection of ownership and property rights - English law, German law, French law, Italian law, comparative overview
protection of economic interests - English law, German law, French law, the law of the Nordic countries, comparative overview
protection of collective interests - French law, English and North American laws, German law, Dutch and Swedish law, comparative overview.
Part 3 Liability for one's own conduct: acts and omissions - French law, German law, English law, Greek and Danish law, comparative overview
wrongfulness - basic notions, unlawfulness, culpability, grounds of justification, comparative overview
conduct of public authorities - English law, German law, French law, Belgian law, comparative overview.
Part 4 Causation: the general approach - German law, English law, French law
establishment of causal link - operation of the conditio sine qua non ("but for") test, loss of a chance and proportional liability, burden of proof
issues relating to the sequence of events - predispositions of the plaintiff, subsequent events, wilful intervention of third party - pursuit and rescue cases
multiple tortfeasors and multiple causes - joint tortfeasors, plurality of established causes, uncertainty concerning the actual tortfeasor
comparative overview.
Part 5 Liability for the conduct of others: liability for harm caused by employees - general approach, the concept of employee, limitations relating to the scope of employment
other regimes of liability for others
comparative overview.
Part 6 Liability not based on conduct: general approach, German law, French law, English law, comparative overview
liability for accidents - road traffic accidents, other accidents, comparative overview
product liability - national laws, directive 85/374, implementation of directive 85/374, comparative overview
from liability between neighbours to environmental liability - liability regimes applicable between neighbours, liability for buildings, networks and nuclear installations, environmental liability, comparative overview. (Part Contents).

Series: Ius Commune Casebooks for the Common Law of Europe

Cases, Materials and Text on Judicial Review of Administrative Action ISBN 9781509921478
Published August 2019
Hart Publishing
£74.99
Cases, Materials and Text on European Law and Private Law ISBN 9781509911875
Published March 2017
Hart Publishing
£49.99
£44.99
(ePub)
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Cases, Materials and Text on Property Law ISBN 9781841137506
Published July 2012
Hart Publishing
£80.00
Cases, Materials and Text on Property Law (eBook) ISBN 9781847319821
Published July 2012
Hart Publishing
£72.00
(ePub)
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Cases, Materials and Text on Consumer Law (eBook) ISBN 9781847317308
Published March 2010
Hart Publishing
Out of print
Cases, Materials and Text on Consumer Law ISBN 9781841137490
Published March 2010
Hart Publishing
£69.99
Cases, Materials and Texts on Unjustified Enrichment ISBN 9781841131269
Published June 2003
Hart Publishing
£100.00
Tort Law and Scope of Protection ISBN 9781901362732
Published January 1998
Hart Publishing
Out of print