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European Tort Law 2nd Edition by Cees Van Dam ISBN 0199672261 9780199672264

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Author(s): CEES VAN DAM
ISBN(s): 9780199672264, 0199672261
Edition: 2
File Details: PDF, 3.86 MB
Year: 2013
Language: english
SKU: EB-4921838 Category: Tag:

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ISBN 10: 0199672261 
ISBN 13: 9780199672264
Author: Cees Van Dam

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.

European Tort Law 2nd Table of contents:

PART I: SYSTEMS OF LIABILITY
1 INTRODUCTION
101 Europe, European Tort Law, and International Tort Law
102 Aim and Focus of the Book
103 Comparative Law
104 Comparative Law, National Law, and EU Law
105 Plan and Structure of the Book
2 EUROPE
201 ECHR and EU: Their Relevance for Tort Law
202 European Convention on Human Rights
203 European Union
204 The Need for Liability for Breach of EU Law
205 The Development of a General Principle of Liability for Breach of EU Law
206 Requirements for Liability for Breach of EU Law
3 FRANCE
301 Introduction
302 Fault Liability (arts. 1382 and 1383 Code civil)
303 General Rule of Strict Liability for Things (art. 1384 al. 1 Code civil)
304 Specific Rules of Strict Liability for Things
305 General Rule of Strict Liability for Persons (art. 1384 al. 1 Code civil)
306 Specific Rules of Strict Liability for Persons
4 GERMANY
401 Introduction
402 Fault Liability: The BGB Provisions
403 Fault Liability: Judge-Made Safety Duties (Verkehrspflichten)
404 Fault Liability: Judge-Made Rights
405 Rules of Stricter Liability
5 ENGLAND
501 Introduction
502 Origins of Tort Law
503 Tort of Negligence
504 Trespass to the Person
505 Intentional Interference with Land and Goods
506 Nuisance
507 Overview of Other Torts
6 IUS COMMUNE
A: Introduction
601 Overview
B: The Quest for a European Ius Commune
602 From Old to New Ius Commune
603 Search for Harmonization
C: The Variety of National Rules
604 Common Law and Codified Law
605 Rules of Fault Liability
606 Rules of Stricter Liability
607 The Basic Liability Rule in a European Ius Commune
608 The Role of Rights
D: The Various Scenes Behind the Rules
609 Various Policy Approaches
610 Various Legal Cultures
E: The Way Forward
611 Competing roles of the EU Institutions
612 A Case for Harmonization?
613 The Need for a Continuous European Policy Discourse
PART II: REQUIREMENTS FOR LIABILITY
7 PROTECTED RIGHTS AND INTERESTS
A: Introduction
701 Overview
B: Protection of the Person
702 The Right to Life
703 The Right to Physical Integrity
704 The Right to Physical Health
705 The Right to Mental Health
706 Personality Rights
707 Wrongful Conception (Wrongful Birth)
708 Prenatal Harm (Wrongful Life)
C: Protection of Property and Economic Interests
709 The Right to Property
710 Protection Against Pure Economic Loss
D: Concluding Observations
711 Tort Law, Insurance, and Human Rights
8 INTENTION AND NEGLIGENCE
A: Introduction
801 Fault Liability: Intention and Negligence
B: Intention
802 Intention in the Legal Systems
803 Comparative Observations
C: Negligent Conduct
804 Negligence in the Legal Systems
805 The Reasonable Person Balancing Risk and Care
806 Magnitude of the Risk
807 Precautionary Measures
808 Omissions
809 Character and Benefit of the Conduct
D: Negligent Person
810 Knowledge and Skills
811 Subjective and Objective Tests
812 Standards of Reference
813 Children and the Mentally Incapacitated
E: Concluding Remarks
814 Comparative Observations
9 VIOLATION OF A STATUTORY RULE
901 Introduction
902 England
903 Germany
904 France
905 Liability for Breach of EU Law
906 Comparative Observations
10 STRICT LIABILITY
1001 Introduction
1002 Background of Strict Liability
1003 Three Variations on Strict Liability
1004 Strict Elements in Negligence
1005 The Blurred Border Between Strict and Fault Liability
11 CAUSATION
A: Introduction
1101 General Remarks
1102 Establishing and Limiting Causation; Factual and Legal Causation
B: Causation in the Legal Systems
1103 Germany
1104 England
1105 France
1106 European Union
C: Establishing Causation
1107 Shifting the Burden of Proof
1108 More Than One Possible Cause
1109 Successive Causes
1110 The Loss of a Chance
D: Unexpected and Unlikely Consequences
1111 Principles and Confusion
1112 Tortfeasor Takes Victim as He Finds Him
12 DAMAGE AND DAMAGES
A: Introduction
1201 Overview
1202 Purposes
1203 Features of the Legal Systems
B: Personal Injury
1204 Future Damage
1205 Non-Pecuniary Loss
1206 Family Ties
C: Reducing the Amount of Damages
1207 Collateral Benefits
1208 Contributory Negligence
D: Damages as an Effective Remedy in Supranational Law
1209 European Union
1210 European Convention on Human Rights
1211 Business and Human Rights
E: Concluding Remarks
1212 Comparative Observations
PART III: CATEGORIES OF LIABILITY
13 INTRODUCTION
1301 Supervising Persons and Objects
1302 Liability for Lack of Information and for Defective Information
14 LIABILITY FOR MOVABLE OBJECTS
A: Introduction
1401 Overview
B: Animals
1402 National Rules
1403 Comparative Observations
C: Motor Vehicles
1404 National Rules
1405 International Perspective
D: Products
1406 History and Context of the European Product Liability Directive
1407 Level of Harmonization
1408 When is a Product Defective?
1409 Damage
1410 Defences
1411 Other Requirements for Liability
E: Dangerous Substances, Neighbourhood Law, and Environmental Liability
1412 Introduction
1413 Germany
1414 England
1415 France
1416 International Perspective
F: Concluding Remarks
1417 Comparative Observations
15 LIABILITY FOR IMMOVABLE OBJECTS
A: National Rules
1501 Introduction
1502 France
1503 Germany
1504 England
B: Negligence and Strict Liability
1505 Relation Between Negligence and Strict Liability
1506 Common Issues in Negligence and Strict Liability
C: Roads
1507 England: Highways Act 1980 and the Tort of Negligence
1508 France: Droit administratif
1509 Germany: Straβenverkehrssicherungspflichten
1510 Comparative Observations: Liability of Highway Authorities
D: Concluding Remarks
1511 Comparative Observations: Liability for Immovable Objects
16 LIABILITY FOR OTHER PERSONS
A: Introduction
1601 Overview
B: Children and the Mentally Incapacitated
1602 Liability of Parents
1603 Liability of Other Supervisors over Children
1604 Comparative Observations
1605 Supervising the Mentally Incapacitated
C: Employees
1606 National Rules
1607 Comparative Observations
D: Corporations
1608 Parent Companies vis-à-vis Their Subsidiaries
17 LIABILITY IN EMERGENCY CASES
1701 Pure Omissions: A Duty to Rescue?
1702 National Rules
1703 Comparative Observations
18 LIABILITY OF PUBLIC BODIES
A: Introduction
1801 Overview
B: National Legal Systems
1802 France
1803 Germany
1804 England
C: EU Law
1805 Sufficiently Serious Breach
1806 No Liability for Lawful Acts
D: European Convention on Human Rights
1807 The Right to Life: Article 2 ECHR
1808 The Right to Physical Integrity and Health
E: Concluding Remarks
1809 The Peculiarities of Public Body Liability
1810 Discretion: Its Inevitability and its Limits
1811 The Equality Principle as an Illustration of the Rift in Europe

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