The Limits Of Expanding Liabilityeight Fundamental Cases In A Comparative Perspective

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The Limits of Expanding Liability:Eight Fundamental Cases in a Comparative Perspective

Author : Jaap Spier
Publisher : Springer
ISBN 13 : 9789041105813
Total Pages : 268 pages
Book Rating : 4.1/5 (58 download)

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Book Synopsis The Limits of Expanding Liability:Eight Fundamental Cases in a Comparative Perspective by : Jaap Spier

Download or read book The Limits of Expanding Liability:Eight Fundamental Cases in a Comparative Perspective written by Jaap Spier and published by Springer. This book was released on 1998-06-10 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liability law is expanding in many areas and many countries. This development is potentially worrisome. It may affect the availability of useful goods and services and has a negative impact on insurability. This calls for research into techniques to keep liability (law) within reasonable and sustainable limits. This book sheds light on the techniques used in the respective countries, highlighted on the basis of eight cases

Essential Cases on the Limits of Liability

Author : Bénédict Winiger
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 311100127X
Total Pages : 854 pages
Book Rating : 4.1/5 (11 download)

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Book Synopsis Essential Cases on the Limits of Liability by : Bénédict Winiger

Download or read book Essential Cases on the Limits of Liability written by Bénédict Winiger and published by Walter de Gruyter GmbH & Co KG. This book was released on 2024-11-04 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: European legal systems have developed a broad range of instruments aimed at limiting liability. These instruments are systematically examined within the present volume, which builds on the experience gathered in the various jurisdictions over the past decades and thereby fills a major gap in tort law literature. The publication contains a selection of the most important cases from 27 states across Europe as well as decisions by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and accompanied by an analytical commentary. In addition, comparative analyses of the reported cases are provided and a special report is dedicated to how key cases would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.

Comparative Tort Law

Author : Thomas Kadner Kadner-Graziano
Publisher : Routledge
ISBN 13 : 135134062X
Total Pages : 807 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Comparative Tort Law by : Thomas Kadner Kadner-Graziano

Download or read book Comparative Tort Law written by Thomas Kadner Kadner-Graziano and published by Routledge. This book was released on 2018-03-20 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Tort Law promotes a ‘learning by doing’ approach to comparative tort law and comparative methodology. Each chapter starts with a case scenario followed by questions and expertly selected material, such as: legislation, extracts of case law, soft law principles, and (where appropriate) extracts of legal doctrine. Using this material, students are invited to: • solve the proposed scenario according to the laws of several jurisdictions; • compare the approaches and solutions they have identified; • evaluate their respective pros and cons; and • reflect upon the most appropriate approach and solution. This book is essential reading for all students and scholars of comparative tort law and comparative law methodology and is the ideal companion for those wishing to both familiarise themselves with real-world materials and understand the many diverse approaches to modern tort law.

Essential Cases on Damage

Author : Benedict Winiger
Publisher : Walter de Gruyter
ISBN 13 : 3110248492
Total Pages : 1218 pages
Book Rating : 4.1/5 (12 download)

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Book Synopsis Essential Cases on Damage by : Benedict Winiger

Download or read book Essential Cases on Damage written by Benedict Winiger and published by Walter de Gruyter. This book was released on 2011-11-30 with total page 1218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rules.

Pure Economic Loss

Author : Vernon V. Palmer
Publisher : Taylor & Francis
ISBN 13 : 0415775647
Total Pages : 339 pages
Book Rating : 4.4/5 (157 download)

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Book Synopsis Pure Economic Loss by : Vernon V. Palmer

Download or read book Pure Economic Loss written by Vernon V. Palmer and published by Taylor & Francis. This book was released on 2009 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pure economic loss is one of the most-discussed problems in the fields of tort and contract. This book takes a comparative approach to the subject, exploring the principles, policies and rules governing tortious liability for pure economic loss in a number of countries across the world including the USA, Canada, Japan, South Africa and Denmark.

Essential Cases on Misconduct

Author : Benedict Winiger
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 311053567X
Total Pages : 1316 pages
Book Rating : 4.1/5 (15 download)

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Book Synopsis Essential Cases on Misconduct by : Benedict Winiger

Download or read book Essential Cases on Misconduct written by Benedict Winiger and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-01-22 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.

2023

Author : Ernst Karner
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3111377776
Total Pages : 819 pages
Book Rating : 4.1/5 (113 download)

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Book Synopsis 2023 by : Ernst Karner

Download or read book 2023 written by Ernst Karner and published by Walter de Gruyter GmbH & Co KG. This book was released on 2024-12-16 with total page 819 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 from the majority of European jurisdictions, as well as a comparative analysis that identifies emerging trends. Focusing on the year 2022, the authors critically assess important court decisions and new legislation, and provide a literature overview.

2022

Author : Ernst Karner
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3111241688
Total Pages : 814 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 814 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Tort Law and Liability Insurance

Author : Gerhard Wagner
Publisher : Taylor & Francis
ISBN 13 : 9783211244821
Total Pages : 376 pages
Book Rating : 4.2/5 (448 download)

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Book Synopsis Tort Law and Liability Insurance by : Gerhard Wagner

Download or read book Tort Law and Liability Insurance written by Gerhard Wagner and published by Taylor & Francis. This book was released on 2005-10-27 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions by numerous experts

The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts

Download The Draft Common Frame of Reference as a

Author : Marta Santos Silva
Publisher : Springer
ISBN 13 : 3319529234
Total Pages : 295 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts by : Marta Santos Silva

Download or read book The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts written by Marta Santos Silva and published by Springer. This book was released on 2017-07-03 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of “legally relevant damage” and its importance in overcoming the deadlock created by the category of “pure economic loss” in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness (“Rechtswidrigkeit”), which limits the compensation for pure economic loss to where a protective rule is infringed. These losses have nevertheless been compensated for through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects’ freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.

Fundamental Rights and Private Law in Europe

Author : Nuno Ferreira
Publisher : Routledge
ISBN 13 : 1136716319
Total Pages : 331 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Fundamental Rights and Private Law in Europe by : Nuno Ferreira

Download or read book Fundamental Rights and Private Law in Europe written by Nuno Ferreira and published by Routledge. This book was released on 2011-05-19 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores, from a comparative and inter-disciplinary perspective, the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or ‘horizontal effect of fundamental rights’. It discusses the different models of ‘horizontal effect’ and the impact that fundamental rights may have in shaping tort law, especially the position of child tortfeasors. The book concentrates on several European jurisdictions, namely France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. At a crossroad between human rights and European private law, this study draws insights from several legal fields (international, European, tort, constitutional and child law), sociology, psychology, and feminist studies. It also considers policy implications and advances proposals which would ensure the optimisation of the effect, and maximisation of the effectiveness, of fundamental rights in tort law, and more generally in private law. This book departs from traditional legal doctrines and offers a more pragmatic, comprehensive and just legal analysis of the role of fundamental rights in private law. It will be of interest to undergraduate and postgraduate students, academics, practitioners, policy-makers and activists with an interest in human rights, tort law, comparative law, children’s rights and European private law.

English, French & German Comparative Law

Author : Raymond Youngs
Publisher : Routledge
ISBN 13 : 1317811690
Total Pages : 881 pages
Book Rating : 4.3/5 (178 download)

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Book Synopsis English, French & German Comparative Law by : Raymond Youngs

Download or read book English, French & German Comparative Law written by Raymond Youngs and published by Routledge. This book was released on 2014-06-13 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative analysis considers the differing approaches to important areas of law in England, France and Germany. In particular, constitutions, sources of law, rights against the state to prevent abuse of power, and rights of private individuals and organisations against each other in tort and contract are examined and compared, and the system of courts is also considered. Updated and revised, each sub-topic is introduced with the relevant material in the English system, allowing easy comparison and assimilation of the other systems. The text includes translations of relevant French and German codal material, and references to relevant cases from all of the jurisdictions. This new edition includes constitutional changes in France and the United Kingdom, in particular the new procedure for challenging existing legislation before the Conseil constitutionnel. It examines the consequences of the Lisbon Treaty, as well as other recent codal and legislative changes. Comprehensive and topical, the text explores a wide variety of new case law on issues such as: preventive detention; the use of evidence obtained by torture; the balance between suppression of terrorism and personal freedom; the internet; email monitoring; artificial reproductive techniques; use of global positioning systems (GPSs), deoxyribonucleic acid (DNA) and closed-circuit television (CCTV); the wearing of religious clothing (such as the headscarf) and symbols (such as the cross); circumcision; methods of crowd control; the prevention of human trafficking; the preservation of privacy, especially for celebrities; and the legality of pre-nuptial agreements and success fees for lawyers. Designed for students on comparative law courses, this textbook will also prove valuable to students who are familiar with English law, but require a readily comprehensible introduction to French or German law.

Unification of Tort Law

Author : W. V. H. Rogers
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123199
Total Pages : 338 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Unification of Tort Law by : W. V. H. Rogers

Download or read book Unification of Tort Law written by W. V. H. Rogers and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers various European countries, Israel, South Africa, and the United States.

Directors & Officers (D & O) Liability

Author : Simon Deakin
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110491494
Total Pages : 1020 pages
Book Rating : 4.1/5 (14 download)

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Book Synopsis Directors & Officers (D & O) Liability by : Simon Deakin

Download or read book Directors & Officers (D & O) Liability written by Simon Deakin and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-02-19 with total page 1020 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years several cases concerning the liability of directors and officers have courted controversy. Arguments raised in such discussions oscillate between two extremes: on the one hand, the need for governing bodies to give a space to entrepreneurial discretion and on the other hand to ensure the protection of investors in and creditors of a company from the consequences of disadvantageous decisions by those bodies. In light of the geographical dispersal of the above stakeholders, the study offers a comparative insight into the liability of directors and officers in 10 key European jurisdictions (in particular, Austria, Czech Republic, Germany, Italy, the Netherlands, Norway, Poland, Spain and Switzerland) and 4 non-European jurisdictions (namely Brazil, Israel, Turkey and the United States). Amongst other things it investigates existing company law principles on the topic and examines their interaction with tort law and other fields with a view to suggesting principles for better stakeholder protection. National reports are complemented by an economic analysis and insurance, conflict of laws and comparative reports. The study also benefits from case study analyses.

Compulsory Liability Insurance from a European Perspective

Author : Attila Fenyves
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110486172
Total Pages : 580 pages
Book Rating : 4.1/5 (14 download)

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Book Synopsis Compulsory Liability Insurance from a European Perspective by : Attila Fenyves

Download or read book Compulsory Liability Insurance from a European Perspective written by Attila Fenyves and published by Walter de Gruyter GmbH & Co KG. This book was released on 2016-09-26 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. However, in contrast to the significant practical impact, academic research on the topic has not been extensive so far. This study, therefore, undertakes a comprehensive survey of compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom) and takes constitutional and European law (four freedoms, European Convention on Human Rights) as well as the Principles of European Insurance Contract Law (PEICL) into account. It also contains an extensive economic analysis of compulsory liability insurance and discusses aspects of insurability. A Comparative Report, Conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems complete the study. It considers in particular: the aims of provisions stating an obligation to take out liability insurance the mandatory content of insurance cover the protection mechanisms linked to compulsory liability insurance the control mechanisms and the sanctions imposed structural deficiencies of existing compulsory liability insurance systems

The Interaction of Contract Law and Tort and Property Law in Europe

Author : Christian von Bar
Publisher : Walter de Gruyter
ISBN 13 : 386653731X
Total Pages : 574 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis The Interaction of Contract Law and Tort and Property Law in Europe by : Christian von Bar

Download or read book The Interaction of Contract Law and Tort and Property Law in Europe written by Christian von Bar and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.

Tort Law in the Jurisprudence of the European Court of Human Rights

Author : Attila Fenyves
Publisher : Walter de Gruyter
ISBN 13 : 311026000X
Total Pages : 933 pages
Book Rating : 4.1/5 (12 download)

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Book Synopsis Tort Law in the Jurisprudence of the European Court of Human Rights by : Attila Fenyves

Download or read book Tort Law in the Jurisprudence of the European Court of Human Rights written by Attila Fenyves and published by Walter de Gruyter. This book was released on 2011-11-30 with total page 933 pages. Available in PDF, EPUB and Kindle. Book excerpt: The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court’s judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real ‘just’ satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.