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Author : Wolfgang Ernst
Publisher :
ISBN 13 :
Total Pages : 261 pages
Book Rating : 4.:/5 (768 download)
Download or read book The Development of Traffic Liability written by Wolfgang Ernst and published by . This book was released on 2010 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Wolfgang Ernst
Publisher : Cambridge University Press
ISBN 13 : 1107475759
Total Pages : 275 pages
Book Rating : 4.1/5 (74 download)
Download or read book The Development of Traffic Liability written by Wolfgang Ernst and published by Cambridge University Press. This book was released on 2014-07-31 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the legal responses across Western Europe to the problems of rail and road accidents from 1850-2000.
Author : Wolfgang Ernst
Publisher :
ISBN 13 : 9780521192088
Total Pages : 288 pages
Book Rating : 4.1/5 (92 download)
Download or read book The Development of Traffic Liability written by Wolfgang Ernst and published by . This book was released on 2010 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rail and road accidents are examples of new sources of harm, particularly personal injury, which arose almost simultaneously across Western Europe. The area of rail accidents provides early examples of a move away from fault liability in certain countries, but not in others. Although statutory regulation and extra-statutory standards form part of the context of liability, private law actions for damages and the plasticity of fault ideas remain central to the law's response. Insurance determines the relative importance of private law actions. Traffic liability is a field in which different solutions have been developed by different legal systems. For example, while France developed strict liability in the 1920s and 1930s and no-fault liability in 1985, English law has remained wedded to fault. The stability of each legal solution suggests that the background insurance position has been settled in the different countries, albeit in differing ways.
Author : Ewoud Hondius
Publisher :
ISBN 13 : 9780521111430
Total Pages : pages
Book Rating : 4.1/5 (114 download)
Download or read book Comparative Studies in the Development of the Law of Torts in Europe: General introduction Miquel Martin-Casals; 2. Technological change and the development of liability for fault in England and Wales Jonathan Morgan; 3. Technological change and the development of liability for fault in France Yvonne Salmon; 4. Technological change and the development of liability for fault in Germany Jens Scherpe; 5. Technological change and the development of liability for fault in Italy Chiara Favilli; 6. Technological change and the development of liability for fault in Spain Miquel Martín-Casals and Jordi Ribot. Volume 5. The Development of Traffic Liability: 1. General introduction Wolfgang Ernst; 2. The development of traffic liability in England and Wales Roderick Bagshaw; 3. The development of traffic liability in France Anne Guégan-Lécuyer; 4. The development of traffic liability in Germany Sebastian Lohsse; 5. The development of traffic liability in the Netherlands Cees van Dam and Gerrit van Maanen; 6. The development of traffic liability in Spain Isabel González Pacanowksa; 7. The development of traffic liability in Sweden Sandra Friberg and Bill W. Dufwa; Main code provisions cited. Volume 6. The Development and Making of Legal Doctrine: 1. The development of legal doctrine in Europe: extracontractual liability for fault Nils Jansen; 2. The tort of negligence in England David Ibbetson; 3. French doctrinal writing Jean-Louis Halpérin; 4. Developing legal doctrine: fault in the German law of delict Nils Jansen; 5. Fault in legal doctrine in the Netherlands Antoine Hol; 5. Liability for fault in Italian law: the development of legal doctrine from 1865 to the end of the twentieth century Michele Graziadei; 7. The development of legal doctrine on fault in Spanish tort law Miquel Martín-Casals and Albert Ruda; 8. Scandinavian exceptionalism: the development of modern Swedish tort law Kjell Å Modéer written by Ewoud Hondius and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This six-volume set contains the results of the first stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history, and one which is theoretically better informed
Author : Maria Cristina Gaeta
Publisher :
ISBN 13 : 9788893915366
Total Pages : 202 pages
Book Rating : 4.9/5 (153 download)
Download or read book Liability Rules and Self-driving Cars: the Evolution of Tort Law in the Light of the New Technologies written by Maria Cristina Gaeta and published by . This book was released on 2019 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Alwin van Dijk
Publisher : Eleven International Publishing
ISBN 13 : 9462364664
Total Pages : 241 pages
Book Rating : 4.4/5 (623 download)
Download or read book Criminal Liability for Serious Traffic Offences written by Alwin van Dijk and published by Eleven International Publishing. This book was released on 2017-12-17 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The criminal law on serious traffic offenses presents legislators with numerous controversial issues. One such issue is when severe consequences are matched with low moral culpability. How should the law deal with a driver who kills someone because she failed to see the person when looking? Another controversial issue concerns highly culpable behavior that remains without serious consequences. How should the law cope with a driver who nearly kills someone when overtaking recklessly? The traffic context generates many hard cases that call the outermost boundaries of general doctrinal concepts like intent, negligence, or causation into question. This book contains an international collection of essays on criminal liability for serious traffic offenses. With a focus on England/Wales, the Netherlands, France, Germany, and Spain, the book reveals that there are enormous differences in both drafting and interpretation of serious traffic offenses. Additionally, it elaborates on the role of culpability and harm in sentencing, traffic-psychological insights relevant to accident causation, and the concept of conditional intent in relation to extremely dangerous traffic behavior. (Series: Governance & Recht - Vol. 11) [Subject: Criminal Law, Traffic Law, Comparative Law]
Author : Paul Mitchell
Publisher : Cambridge University Press
ISBN 13 : 1107019001
Total Pages : 253 pages
Book Rating : 4.1/5 (7 download)
Download or read book The Impact of Institutions and Professions on Legal Development written by Paul Mitchell and published by Cambridge University Press. This book was released on 2012 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This three-volume set contains the results of the second and final stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history and one which is theoretically ...
Author : Marco Cappelletti
Publisher : Oxford University Press
ISBN 13 : 0192676075
Total Pages : 385 pages
Book Rating : 4.1/5 (926 download)
Download or read book Justifying Strict Liability written by Marco Cappelletti and published by Oxford University Press. This book was released on 2022-05-23 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Yu Yan
Publisher : BRILL
ISBN 13 : 9004411089
Total Pages : 393 pages
Book Rating : 4.0/5 (44 download)
Download or read book Road Traffic Liability in China written by Yu Yan and published by BRILL. This book was released on 2019-11-11 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Road Traffic Liability in China: A View from Law and Economics Yu Yan offers an in-depth analysis of the Chinese road traffic liability system, with other alternative accident prevention and compensation systems from a view of law and economics.
Author : United States. Department of Transportation. Automobile Insurance and Compensation Study
Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.3/5 (91 download)
Download or read book Driver Behavior and Accident Involvement written by United States. Department of Transportation. Automobile Insurance and Compensation Study and published by . This book was released on 1970 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Roger Brownsword
Publisher : Routledge
ISBN 13 : 1351128167
Total Pages : 327 pages
Book Rating : 4.3/5 (511 download)
Download or read book Law, Technology and Society written by Roger Brownsword and published by Routledge. This book was released on 2019-02-18 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the implications of the regulatory burden being borne increasingly by technological management rather than by rules of law. If crime is controlled, if human health and safety are secured, if the environment is protected, not by rules but by measures of technological management—designed into products, processes, places and so on—what should we make of this transformation? In an era of smart regulatory technologies, how should we understand the ‘regulatory environment’, and the ‘complexion’ of its regulatory signals? How does technological management sit with the Rule of Law and with the traditional ideals of legality, legal coherence, and respect for liberty, human rights and human dignity? What is the future for the rules of criminal law, torts and contract law—are they likely to be rendered redundant? How are human informational interests to be specified and protected? Can traditional rules of law survive not only the emergent use of technological management but also a risk management mentality that pervades the collective engagement with new technologies? Even if technological management is effective, is it acceptable? Are we ready for rule by technology? Undertaking a radical examination of the disruptive effects of technology on the law and the legal mind-set, Roger Brownsword calls for a triple act of re-imagination: first, re-imagining legal rules as one element of a larger regulatory environment of which technological management is also a part; secondly, re-imagining the Rule of Law as a constraint on the arbitrary exercise of power (whether exercised through rules or through technological measures); and, thirdly, re-imagining the future of traditional rules of criminal law, tort law, and contract law.
Author : Jean-Sébastien Borghetti
Publisher : Bloomsbury Publishing
ISBN 13 : 1509927298
Total Pages : 544 pages
Book Rating : 4.5/5 (99 download)
Download or read book French Civil Liability in Comparative Perspective written by Jean-Sébastien Borghetti and published by Bloomsbury Publishing. This book was released on 2019-12-26 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.
Author : Mauro Bussani
Publisher : Edward Elgar Publishing
ISBN 13 : 1789905982
Total Pages : 584 pages
Book Rating : 4.7/5 (899 download)
Download or read book Comparative Tort Law written by Mauro Bussani and published by Edward Elgar Publishing. This book was released on 2021-02-26 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
Author : Patrick Herbst
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.:/5 (5 download)
Download or read book Municipal Tort Liability for Inadequate Traffic Regulations written by Patrick Herbst and published by . This book was released on 1959 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Elizabeth-Ann Dater Katz
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (73 download)
Download or read book How Automobile Accidents Stalled the Development of Interspousal Liability written by Elizabeth-Ann Dater Katz and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Russell M. Lewis
Publisher : Transportation Research Board
ISBN 13 : 9780309056656
Total Pages : 52 pages
Book Rating : 4.0/5 (566 download)
Download or read book Managing Highway Tort Liability written by Russell M. Lewis and published by Transportation Research Board. This book was released on 1994 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: This synthesis will be of interest to highway agency administrative and executive officers, risk managers, legal officials, as well as to highway design, traffic, and safety engineers, enforcement agency personnel, claims managers, and others concerned with managing tort liability programs in state transportation agencies. It describes the state of the practice with respect to the manner in which these agencies manage highway tort liability programs. Management of claims associated with highways, streets, and pedestrian facilities is the focus of this synthesis, which describes program elements, costs, staffing, risk avoidance, and management requirements. This report of the Transportation Research Board describes the design and implementation of procedures and techniques to manage tort liability programs. Much of the material in this synthesis is also applicable to managing risks associated with modes other than highways within the state transportation agency. There is also applicability to local highway agencies, toll authorities, and public transit agencies.
Author :
Publisher :
ISBN 13 :
Total Pages : 100 pages
Book Rating : 4.:/5 ( download)
Download or read book The Origin and Development of the Negligence Action written by and published by . This book was released on 1970 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
