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Pure Economic Loss In Europe
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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.
Book Synopsis Between Contract and Tort: Pure Economic Loss in Europe by : Mauro and Vernon Valentine Palmer Bussani
Download or read book Between Contract and Tort: Pure Economic Loss in Europe written by Mauro and Vernon Valentine Palmer Bussani and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Liability for Pure Economic Loss in Europe by :
Download or read book Liability for Pure Economic Loss in Europe written by and published by . This book was released on 200? with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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.
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: This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.
Book Synopsis Comparative Tort Law by : Mauro Bussani
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.
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.
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.
Book Synopsis Tort Law and Economics by : Michael Faure
Download or read book Tort Law and Economics written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills. Olivier Moreteau, Louisiana State University, US Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the main developments of the discussion, examining the results of recent studies and stating their own opinions. Detailed bibliographies are included. The volume has to be warmly recommended to friends and foes of economic analysis who are provided with a comprehensive update in this field while also indicating areas which critics have to focus on. Helmut Koziol, European Centre of Tort and Insurance Law, Austria This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker. Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.
Book Synopsis The Recovery of Non-Pecuniary Loss in European Contract Law by : Vernon V. Palmer
Download or read book The Recovery of Non-Pecuniary Loss in European Contract Law written by Vernon V. Palmer and published by Cambridge University Press. This book was released on 2015-07-02 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive work to capture the rise of moral damages (non-pecuniary loss) in European contract law through a historical and comparative analysis. Unique features of this study include the first classification scheme of the systems into liberal, moderate and conservative regimes, a taxonomy of non-pecuniary loss drawn from a European-wide jurisprudence, and a comprehensive bibliography of the subject. Written by a leading academic on comparative law, Palmer's precise and practical insights on Europe's leading cases will be of great interest to academic researchers and practitioners alike.
Book Synopsis The Economic Consequences of the Peace by : John Maynard Keynes
Download or read book The Economic Consequences of the Peace written by John Maynard Keynes and published by Simon Publications LLC. This book was released on 1920 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Maynard Keynes, then a rising young economist, participated in the Paris Peace Conference in 1919 as chief representative of the British Treasury and advisor to Prime Minister David Lloyd George. He resigned after desperately trying and failing to reduce the huge demands for reparations being made on Germany. The Economic Consequences of the Peace is Keynes' brilliant and prophetic analysis of the effects that the peace treaty would have both on Germany and, even more fatefully, the world.
Author :Study Group on a European Civil Code Publisher :sellier. european law publ. ISBN 13 :3866530595 Total Pages :406 pages Book Rating :4.8/5 (665 download)
Book Synopsis Principles, Definitions and Model Rules of European Private Law by : Study Group on a European Civil Code
Download or read book Principles, Definitions and Model Rules of European Private Law written by Study Group on a European Civil Code and published by sellier. european law publ.. This book was released on 2008 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Download or read book European Tort Law written by Cees van Dam and published by OUP Oxford. This book was released on 2013-03-22 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of European Tort Law provides an extensive revision and update of the only English language handbook in this constantly evolving area. The coverage in the new edition has been expanded with material on the latest developments in legislation, legal literature, and the case law of the European Court of Human Rights, the Court of Justice of the European Union, and the highest courts in France, Germany, and England. The first part of the book, Systems of Liability, provides chapters on the state of tort law in France, Germany, and England, and the European Union. A concluding chapter gives an overall view of the European field, linking the variety of rules with cultural diversity, examining the consequences for European harmonization, and emphasizing the importance of a European policy discourse. The second part, Requirements for Liability, analyses and compares the classic requirements for liability in a comparative and supranational perspective: rights and protected interests, intention and negligence, breach of statutory duty, stricter rules of liability, causation, damage, damages, and contributory negligence. It also discusses the role of tort law in protecting human rights against violations by the state and by multinational corporations. The final part, Categories of Liability, assesses how national and supranational rules are applied in a number of categories, such as in liability for motor vehicles, defective products, and defective premises, in liability for children, employees, and subsidiaries, as well as in cases of nuisance, environmental liability, and liability of public bodies.
Book Synopsis Civil Liability in Europe for Terrorism-Related Risk by : Lucas Bergkamp
Download or read book Civil Liability in Europe for Terrorism-Related Risk written by Lucas Bergkamp and published by Cambridge University Press. This book was released on 2015-11-12 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive and forward-looking analysis of civil liability for terrorism-related risk under international, EU and selected national tort laws.
Book Synopsis Through the Codes Darkly by : Vernon V. Palmer
Download or read book Through the Codes Darkly written by Vernon V. Palmer and published by Lawbook Exchange, Limited. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A path-breaking and masterly study of Louisiana slave law, this fascinating study offers an examination of the complex French, Spanish, Roman and American heritage of Louisiana's law of slavery and its codification, a profile of the first effort in modern history to integrate slavery into a European-style civil code, the 1808 Digest of Orleans, a trailblazing study of the unwritten laws of slavery and the legal impact of customs and practices developing outside of the Codes, an analysis that overturns the previous scholarly view that Roman law was the model for the Code Noir of 1685, a new unabridged translation (by Palmer) of the Code Noir of 1724 with the original French text on facing pages. "A very useful addition to the growing literature on the law of slavery, this book is particularly important in helping understand the complexity of the Louisiana Code Noir and its impact on American slave law. Palmer's discussion of how the Code came to be written will surprise and educate those who read this book. " --Paul Finkelman, John Hope Franklin Visiting Professor of American Legal History Duke University School of Law and President William McKinley Distinguished Professor of Law, Albany Law School "When it comes to demystifying slave law in Louisiana, Vernon Palmer is practically peerless. It's probably because he is equally comfortable in the weeds of lived experience as he is poring over the pages of classical learning. These masterful essays on the Code Noir's origins, plus Louisiana's 150-year interplay between custom and legal practice, belong on the shelf of anyone with the faintest curiosity about human bondage and the laws fashioned to make it work." --Lawrence N. Powell, Professor Emeritus, Department of History, Tulane University "Slavery remains a current social and political problem, and Vernon Palmer s brilliant work illuminates its history, showing its legal and social complexity through a study primarily of Louisiana, where slavery was included in the first civil codes. Beautifully written, humane and insightful, this monograph will promote reflection on the fascinating legal history of Louisiana as well as on the famous Tannenbaum thesis." --John W. Cairns, FRSE, Chair of Legal History, University of Edinburgh "Palmer has written a path-breaking and splendid account of how Louisianians, newly under American rule, wrote the first modern codes that incorporated slavery in a systematic way into their civil law. Until now, ignored by scholars, these codifications moved slavery from the edges of the legal system to the very center stage in Louisiana courtrooms. The redactors of these codes implanted provisions about slavery into the law of persons, property, successions, sales and prescription, producing a unique Atlantic World slave law of incomparable richness and complexity unseen in other legal systems." --Judith Kelleher Schafer author of Slavery, the Civil Law and the Supreme Court of Louisiana and Becoming Free, Remaining Free: Manumission and Enslavement in New Orleans, 1846-1862
Book Synopsis An Analysis of the Economic Torts by : Hazel Carty
Download or read book An Analysis of the Economic Torts written by Hazel Carty and published by . This book was released on 2010 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The economic torts for too long have been under-theorized and under-explored by academics and the judiciary alike. In recent years claimants have exploited the resulting chaos by attempting to use the economic torts in ever more exotic ways. This second edition, as before, attempts to provide practical legal research to both explore the ingredients of all these torts - both the general economic torts (inducing breach of contract, the unlawful means tort, intimidation, the conspiracy torts) and the misrepresentation economic torts (deceit, malicious falsehood and passing off) - and their rationales. And, as before, an optimum framework for these torts is suggested. However that framework has to take on board the apparent tension within the House of Lords as revealed in the recent decisions in OBG v Allan and Total Network v Revenue. Over 100 years ago the House of Lords in the seminal decision of Allen v Flood in theory set the agenda for the modern development of the economic torts. The majority in that case adopted an abstentionist approach to liability for intentionally inflicted economic harm, so that even where intentional and unjustified economic harm was inflicted, liability would not necessarily follow. However, this clear framework for the torts was obscured by subsequent case law, leaving the economic torts in a hopeless muddle by the start of the twenty-first century. A chance to finally sort out this mess was presented to the House of Lords in 2007 in the shape of three conjoined appeals, reported under the name OBG v Allan. The thrust of the judgments was that a framework for the economic torts was to be established and dicta and decisions that caused problems and incoherence were to be named and shamed. Re-affirming the abstentionist philosophy of Allen v Flood Lord Hoffmann and Nicholls and Baroness Hale in part relied upon the first edition of An Analysis of the Economic Torts, Lord Hoffmann noting "... if what I have said does anything to clarify what has been described as an extremely obscure branch of the law, much is owing to Hazel Carty's book An Analysis of the Economic Torts ". However, within 10 months of the OBG decision, a differently constituted HL in Total Network SL v Revenue and Customs Commissioners undermined this nascent coherence and did so by focusing on the conspiracy torts (previously dismissed by some commentators as anomalous or superfluous). Distinguishing OBG (which did not as such analyse the conspiracy torts) the House of Lords in Total Network may have shifted the general economic torts from the abstentionist to the interventionist track of development. Thus it is suggested that conflicting agendas for general economic liability can be discerned in the OBG and Total Network judgments. These agendas are debated (against the background of the growing academic debate) and a coherent approach suggested. As for the misrepresentation torts their potential for development is also discussed and the peril of allowing them to transform into unfair trading or misappropriation torts is explained. As a result, the second edition involves a substantial re-write of the first edition. However, the thesis of the author remains that a coherent framework for these torts can best be constructed based on a narrow remit for the common law.
