基本説明
Publication delayed (Originally scheduled in July 2000) and title changed.
Full Description
This is the complete version of the Casebook on Tort Law,part of which was already published in 1998 under the title Tort Law: Scope of Protection. Additional subjects covered in this book include the tort/contract divide, causation, remedies, fault and unlawfulness, liability for others, liability not based on fault as well as defences. It is part of the Casebooks for the Common Law of Europe' series, developed for use throughout Europe and aimed at those who teach, learn or practice law with a comparative or European perspective. Readers will find therein leading cases, legislation and other materials from the legal traditions within Europe, with focus on English, French and German law as the main representatives of those traditions. Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English. See the detailed webpage for this book: http://www.casebooks.eu/tort/.
Contents
Part 1 General topics and general approach of tort laws: meaning of tort law; functions of tort law - compensation and its different meanings, from loss-shifting to loss-spreading, deterrence of undesirable behaviour, avoidance of inefficient behaviour; tort and contract - concurrence, contractual chains; the approach of tort laws in general - the English approach, the French approach, the German approach, the Nordic approach, recent codifications; comparative overview. Part 2 Scope of protection: protection of life, physical integrity, health and freedom - German law, English law, French law; Belgian, Italian, Swedish and Dutch law, comparative overview; protection of personality rights and privacy - German law, French law, English law, Irish and Portuguese law, comparative overview; protection of ownership and property rights - English law, German law, French law, Italian law, comparative overview; protection of economic interests - English law, German law, French law, the law of the Nordic countries, comparative overview; protection of collective interests - French law, English and North American laws, German law, Dutch and Swedish law, comparative overview. Part 3 Liability for one's own conduct: acts and omissions - French law, German law, English law, Greek and Danish law, comparative overview; wrongfulness - basic notions, unlawfulness, culpability, grounds of justification, comparative overview; conduct of public authorities - English law, German law, French law, Belgian law, comparative overview. Part 4 Causation: the general approach - German law, English law, French law; establishment of causal link - operation of the conditio sine qua non ("but for") test, loss of a chance and proportional liability, burden of proof; issues relating to the sequence of events - predispositions of the plaintiff, subsequent events, wilful intervention of third party - pursuit and rescue cases; multiple tortfeasors and multiple causes - joint tortfeasors, plurality of established causes, uncertainty concerning the actual tortfeasor; comparative overview. Part 5 Liability for the conduct of others: liability for harm caused by employees - general approach, the concept of employee, limitations relating to the scope of employment; other regimes of liability for others; comparative overview. Part 6 Liability not based on conduct: general approach, German law, French law, English law, comparative overview; liability for accidents - road traffic accidents, other accidents, comparative overview; product liability - national laws, directive 85/374, implementation of directive 85/374, comparative overview; from liability between neighbours to environmental liability - liability regimes applicable between neighbours, liability for buildings, networks and nuclear installations, environmental liability, comparative overview. (Part Contents).
