Unification of Tort Law

Multiple Tortfeasors

Author: W. V. H. Rogers,W. H. van Boom

Publisher: Kluwer Law International B.V.

ISBN: 9041123199

Category: Law

Page: 313

View: 6459

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Covers various European countries, Israel, South Africa, and the United States.
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Unification of Tort Law

Fault

Author: W. H. van Boom

Publisher: Kluwer Law International B.V.

ISBN: 904112098X

Category: Law

Page: 391

View: 2660

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Covers various European countries, Israel, South Africa, and the United States.
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Reforming the French Law of Obligations

Comparative Reflections on the Avant-projet de réforme du droit des obligations et de la prescription ('the Avant-projet Catala')

Author: John Cartwright,Stefan Vogenauer,Simon Whittaker

Publisher: Bloomsbury Publishing

ISBN: 184731502X

Category: Law

Page: 950

View: 2164

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The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation. The book is indispensable for comparative private lawyers and lawyers with a particular interest in French law. It is also of use to all private lawyers (both academics and practitioners) looking for information on recent international and European trends in contract and tort.
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The Europeanisation of English Tort Law

Author: Paula Giliker

Publisher: Bloomsbury Publishing

ISBN: 1782253793

Category: Law

Page: 262

View: 9173

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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?
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A Company's Right to Damages for Non-Pecuniary Loss

Author: Vanessa Wilcox

Publisher: Cambridge University Press

ISBN: 1316668525

Category: Law

Page: N.A

View: 6932

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Applying appropriate legal rules to companies with as much consistency and as little consternation as possible remains a challenge for legal systems. One area causing concern is the availability of damages for non-pecuniary loss to companies, a disquiet that is rooted in the very nature of such damages and of companies themselves. In this book, Vanessa Wilcox presents a detailed examination of the extent to which damages for non-pecuniary loss can be properly awarded to companies. The book focusses on the jurisprudence of the European Court of Human Rights and English law, with a chapter also dedicated to comparative treatment. While the law must be adaptable, Wilcox concludes that considerations of coherency, certainty and ultimately justice dictate that the resulting rules should conform to certain core legal principles. This book lays the foundation for further comparative research into this topic and will be of interest to both the tort law and broader legal community.
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Unification of Tort Law

Strict Liability

Author: Bernhard A. Koch,Helmut Koziol,Francesco Donato Busnelli

Publisher: N.A

ISBN: N.A

Category: Law

Page: 444

View: 3393

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The foundations of tort law in European legal systems differ considerably. Until recently, there was no attempt to harmonize the entire field of tort law in a consistent and comprehensive manner. A group of tort law experts, the `European Group on Tort Law', is currently engaged in systematically researching the most fundamental questions underlying the various tort law systems. The result of their work is this important series of books, which seeks a common law of Europe without the need to lay these principles down in formal legal texts, such as a European civil code. In this volume, the authors provide an overview of strict liability and its importance in establishing such liability under their respective national tort law system. The concept of strict liability is further examined in an analysis of actual cases. This volume also contains an economic analysis of this area of tort law as well as a comparative report which summarizes and compares the most important elements identified by the individual country reports. In summary, this volume tries to show the common grounds of strict liability in the various legal systems under examination. In addition, it provides the academic and the practitioner with the fundamental issues of strict liability in the countries covered.
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