European Tort Law - Second Edition (paperback)

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Description du produit

Résumé

- The only English-language volume providing a detailed, comparative introduction to European Tort Law - Examines French, German, English, and EU tort law in conjunction with the European Convention on Human Rights - Includes the recent developments in the case law of the highest domestic courts as well as the Court of Justice of the European Union and the European Court of Human Rights New to this edition - Explains the role of tort law in the context of human rights violations by states and businesses, offering a valuable resource for European human rights lawyers - Discusses cultural diversity and its impact on legal systems, offering a deeper understanding of the differences between jurisdictions and the consequences for European harmonization 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. Readership: Students, academics, and practitioners specializing in tort law, European Union law, human rights law, European private law, and comparative law

Table des matières

I Systems of Liability 1: Introduction 2: Europe 3: France 4: Germany 5: England 6: Ius Commune II Requirements of Liability 7: Protected Rights and Interests 8: Intention and Negligence 9: Violation of a Statutory Rule 10: Strict Liability 11: Causation 12: Damage and Damages III Categories of Liability 13: Introduction 14: Liability for Movable Objects 15: Liability for Immovable Objects 16: Liability for Other Persons 17: Liability in Emergency Cases 18: Liability of Public Authorities