The Europeanisation Of English Tort Law

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The Europeanisation of English Tort Law

Author : Paula Giliker
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253793
Total Pages : 264 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Europeanisation of English Tort Law by : Paula Giliker

Download or read book The Europeanisation of English Tort Law written by Paula Giliker and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort law is often regarded as the clearest example of traditional common law reasoning. Yet, in the past 40 years, the common law of England and Wales has been subject to European influences as a result of the introduction of the European Communities Act 1972 and, more recently, the implementation of the Human Rights Act 1998 in October 2000. EU Directives have led to changes to the law relating to product liability, health and safety in the workplace, and defamation, while Francovich liability introduces a new tort imposing State liability for breach of EU law. The 1998 Act has led to developments in privacy law and made the courts reconsider their approach to public authority liability and freedom of expression in defamation law. This book explores how English tort law has changed as a result of Europeanisation - broadly defined as the influence of European Union and European human rights law. It also analyses how this influence has impacted on traditional common law reasoning. Has Europeanisation led to changes to the common law legal tradition or has the latter proved more resistant to change than might have been expected?

European Tort Law

Author : C. C. van Dam
Publisher : Oxford University Press, USA
ISBN 13 : 0199672261
Total Pages : 654 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis European Tort Law by : C. C. van Dam

Download or read book European Tort Law written by C. C. van Dam and published by Oxford University Press, USA. This book was released on 2013-03-21 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook provides insight into the differences commonalities and mutual influece of the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, EU law, and human rights law.

Research Handbook on EU Tort Law

Author : Paula Giliker
Publisher : Edward Elgar Publishing
ISBN 13 : 178536572X
Total Pages : 513 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Research Handbook on EU Tort Law by : Paula Giliker

Download or read book Research Handbook on EU Tort Law written by Paula Giliker and published by Edward Elgar Publishing. This book was released on 2017-10-27 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.

Tort Law in the European Union

Author : Gert Brüggemeier
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403500719
Total Pages : 280 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Tort Law in the European Union by : Gert Brüggemeier

Download or read book Tort Law in the European Union written by Gert Brüggemeier and published by Kluwer Law International B.V.. This book was released on 2018-06-14 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the European Union. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in the European Union. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Principles of European Tort Law

Author : European Group on Tort Law
Publisher : Springer
ISBN 13 : 9783211100103
Total Pages : 282 pages
Book Rating : 4.1/5 (1 download)

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Book Synopsis Principles of European Tort Law by : European Group on Tort Law

Download or read book Principles of European Tort Law written by European Group on Tort Law and published by Springer. This book was released on 2009-09-02 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

European Legal Development

Author : John Bell
Publisher : Cambridge University Press
ISBN 13 : 1107475627
Total Pages : 227 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis European Legal Development by : John Bell

Download or read book European Legal Development written by John Bell and published by Cambridge University Press. This book was released on 2014-07-31 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reviews the relationship between the social environment and legal tradition in the development of tort law between 1850 and 2000.

Causation in European Tort Law

Author : Marta Infantino
Publisher : Cambridge University Press
ISBN 13 : 1108304877
Total Pages : 785 pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis Causation in European Tort Law by : Marta Infantino

Download or read book Causation in European Tort Law written by Marta Infantino and published by Cambridge University Press. This book was released on 2017-12-28 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a comprehensive analysis of sixteen European legal systems, based on an assessment of national answers to a factual questionnaire, Causation in European Tort Law sheds light on the operative rules applied in each jurisdiction to factual and legal causation problems. It highlights how legal systems' features impact on the practical role that causation is called upon to play, as well as the arguments of professional lawyers. Issues covered include the conditions under which a causal link can be established, rules on contribution and apportionment, the treatment of supervening, alternative and uncertain causes, the understanding of loss-of-a-chance cases, and the standard and the burden of proving causation. This is a book for scholars, students and legal professionals alike.

2022

Author : Ernst Karner
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3111241246
Total Pages : 830 pages
Book Rating : 4.1/5 (112 download)

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Book Synopsis 2022 by : Ernst Karner

Download or read book 2022 written by Ernst Karner and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-12-18 with total page 830 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Principles of European Tort Law (European Group on Tort Law)

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (113 download)

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Book Synopsis Principles of European Tort Law (European Group on Tort Law) by :

Download or read book Principles of European Tort Law (European Group on Tort Law) written by and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

European Tort Law

Author : Mauro Bussani
Publisher :
ISBN 13 :
Total Pages : 410 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis European Tort Law by : Mauro Bussani

Download or read book European Tort Law written by Mauro Bussani and published by . This book was released on 2007 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: In every society Tort Law plays a crucial role in the actual life of the legal system and of the people using it. Whenever relationships between individuals do not converge towards a contract nor are absorbed by property law, then comes the time for tort law rules to provide justice. The goal of comparative research in the law of torts is to clarify diversities and similarities amidst the operative rules of the various legal systems. The need is to go beyond statutory formulas, since in the field of torts, even more than in other areas, the "law" is made by judicial decisions, by the beliefs that underpin these decisions, by insurance practices which affect the allocation of the costs ensuing risks and damages. This comparative analysis calls for an effort which is more and more urgent to the management of private conflicts in a "globalized" world. But this is especially true in Europe, at the dawn of a new era characterized by the enlargement/enrichment of the EU. The issues arising from the infliction of "pure economic" losses, thereby affecting nothing else than the patrimonial sphere of the victim, is in this perspective a very useful case-study to test solutions given to problems, which not only straddle the opaque frontier between contract and tort, but also involve the day-to-day life of your average person, whether s/he be an investor or not, whether s/he be Eastern or Western European. The volume orginates from an international conference that took place in April, 2004 in Trieste, Italy. It is published in co-operation with Stämpfli (Berne), Bruylant (Brussels) and Ant. N. Sakkoulas Publishers (Athens)

Tort Liability of Public Authorities in European Laws

Author : Giacinto della Cananea
Publisher : Oxford University Press
ISBN 13 : 0192637606
Total Pages : 384 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Tort Liability of Public Authorities in European Laws by : Giacinto della Cananea

Download or read book Tort Liability of Public Authorities in European Laws written by Giacinto della Cananea and published by Oxford University Press. This book was released on 2020-12-15 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This series argues that there is a common administrative core to European legal systems that can be better understood in comparative terms. This volume examines government liability in tort, using case studies to explore different government responses. Part I sets the stage for the project and the parameters followed by the scholars involved. Part II expands on the legal systems chosen for comparison, setting up their general tort procedures. Part III presents case studies from Austria, the European Union, France, Germany, Hungary, Italy, Poland, Romania, Spain, Switzerland, and the United Kingdom. Each case study has a theoretical response detailing what would happen should that case occur within each country's borders. Part IV compares and contrasts the information provided in Part III. It examines both the commonalities and the distinctive traits of these legal systems, with a view to understand the nature of their 'common core'. This volume is an essential tool for anyone involved in administrative and constitutional law and government liability in tort.

European Tort Law

Author : Cees van Dam
Publisher : Oxford University Press, USA
ISBN 13 : 9780199227679
Total Pages : 0 pages
Book Rating : 4.2/5 (276 download)

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Book Synopsis European Tort Law by : Cees van Dam

Download or read book European Tort Law written by Cees van Dam and published by Oxford University Press, USA. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook provides insight into the differences commonalities and mutual influece of the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, EU law, and human rights law.

European Tort Law

Author : Ernst Karner
Publisher :
ISBN 13 : 9783709701706
Total Pages : pages
Book Rating : 4.7/5 (17 download)

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Book Synopsis European Tort Law by : Ernst Karner

Download or read book European Tort Law written by Ernst Karner and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

European Tort Law 2007

Author : Helmut Koziol
Publisher : Springer
ISBN 13 : 9783211999257
Total Pages : 0 pages
Book Rating : 4.9/5 (992 download)

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Book Synopsis European Tort Law 2007 by : Helmut Koziol

Download or read book European Tort Law 2007 written by Helmut Koziol and published by Springer. This book was released on 2011-10-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports on most EU Member States, including the new Member States the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia, Bulgaria and Romania. Furthermore, the Yearbook provides contributions from Norway and Switzerland as well as an overview of the developments in the field of EU law. In conclusion, a comparative summary reviews the essential aspects of all reports, which are written by scholars from the respective jurisdictions. Focusing on the year 2007, the authors critically report on important court decisions, present new legislation and provide a literature overview. In addition to the national reports, the European Tort Law 2007 Yearbook contains the opening lecture of the 7th Annual Conference on European Tort Law examining “The Development of Tort Law” as well as four essays on questions of prescription.

European Tort Law 2006

Author : Helmut Koziol
Publisher : Springer
ISBN 13 : 9783211100639
Total Pages : 576 pages
Book Rating : 4.1/5 (6 download)

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Book Synopsis European Tort Law 2006 by : Helmut Koziol

Download or read book European Tort Law 2006 written by Helmut Koziol and published by Springer. This book was released on 2009-09-02 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essential Yearbook focuses on the year 2006 to provide a comprehensive overview of the latest developments in tort law in Europe. It contains reports on most EU Member States, including new Member States. Furthermore, the book provides an overview of the developments in the field of EU law as well as a paper on Romanian tort law. In conclusion, a comparative summary reviews the essential aspects of all reports, which are written by scholars from the respective jurisdictions.

Tort Law of the European Community

Author : Helmut Koziol
Publisher : Springer
ISBN 13 : 9783211999233
Total Pages : 0 pages
Book Rating : 4.9/5 (992 download)

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Book Synopsis Tort Law of the European Community by : Helmut Koziol

Download or read book Tort Law of the European Community written by Helmut Koziol and published by Springer. This book was released on 2012-04-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication deals with the European dimension of tort law. It provides a critical analysis of the acquis communautaire, asking if and to what extent the provisions and case law in the field of tort law are based on a conclusive system and are in accord with the national legal systems. It thus evaluates whether the acquis communautaire form the beginning of a comprehensive and coherent EC tort law or if the single directives and regulations are contradictory and lack a general concept that is yet to be found. To gain an overview of ‘EC Tort Law’ certain provisions and decisions were analysed by a group of authors under thirteen elements that form the basis of tort law e.g. fault/strict liability, causation, damage, damages and limitation of actions. An analysis of these aspects was then undertaken by another group of authors each focusing on their respective legal families within the European Union. The publication also contains a section on terminological issues in EC tort law.

Pure Economic Loss in Europe

Author : Mauro Bussani
Publisher : Cambridge University Press
ISBN 13 : 113943862X
Total Pages : 641 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Pure Economic Loss in Europe by : Mauro Bussani

Download or read book Pure Economic Loss in Europe written by Mauro Bussani and published by Cambridge University Press. This book was released on 2003-07-31 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.