Comparative Tort Law

Author : Mauro Bussani,Anthony J. Sebok
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 48,5 Mb
Release : 2015-08-28
Category : LAW
ISBN : 9781784718138

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Comparative Tort Law by Mauro Bussani,Anthony J. Sebok Pdf

Comparative Tort Law: Global Perspectives provides a framework for analyzing and understanding the current state of tort law in most of the world's legal systems. The book examines tort law theories and cultures through a comparative methodology. It l

Author : Viktor Knapp
Publisher : Martinus Nijhoff Publishers
Page : 820 pages
File Size : 41,5 Mb
Release : 1983
Category : Comparative law
ISBN : 9024727871

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International Encyclopedia of Comparative Law by Viktor Knapp Pdf

Author : Thomas Kadner Kadner-Graziano
Publisher : Routledge
Page : 807 pages
File Size : 44,5 Mb
Release : 2018-03-20
Category : Law
ISBN : 9781351340625

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Comparative Tort Law by Thomas Kadner Kadner-Graziano Pdf

Comparative Tort Law promotes a ‘learning by doing’ approach to comparative tort law and comparative methodology. Each chapter starts with a case scenario followed by questions and expertly selected material, such as: legislation, extracts of case law, soft law principles, and (where appropriate) extracts of legal doctrine. Using this material, students are invited to: • solve the proposed scenario according to the laws of several jurisdictions; • compare the approaches and solutions they have identified; • evaluate their respective pros and cons; and • reflect upon the most appropriate approach and solution. This book is essential reading for all students and scholars of comparative tort law and comparative law methodology and is the ideal companion for those wishing to both familiarise themselves with real-world materials and understand the many diverse approaches to modern tort law.

Author : Vernon V. Palmer,Mauro Bussani
Publisher : Taylor & Francis
Page : 339 pages
File Size : 43,8 Mb
Release : 2009
Category : Business & Economics
ISBN : 9780415775649

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Pure Economic Loss by Vernon V. Palmer,Mauro Bussani Pdf

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.

Author : Tjong Tjin Tai, Eric
Publisher : Edward Elgar Publishing
Page : 225 pages
File Size : 42,8 Mb
Release : 2022-09-06
Category : Law
ISBN : 9781803924366

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Tort Law by Tjong Tjin Tai, Eric Pdf

This accessible textbook provides an introductory guide to tort law, with a structured explanation of the key concepts and doctrines. Using a comparative approach, the discussion is illustrated with case law and provisions from three key jurisdictions: England, France and Germany. With liberal reference to other codes and cases from around the world, the book gives readers a contextual understanding and will appeal to classes with a global outlook.

Author : Marta Infantino,Eleni Zervogianni
Publisher : Cambridge University Press
Page : 785 pages
File Size : 51,8 Mb
Release : 2017-12-28
Category : Law
ISBN : 9781108418362

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Causation in European Tort Law by Marta Infantino,Eleni Zervogianni Pdf

This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Author : Miquel Martín-Casals
Publisher : Principles of European Tort Law
Page : 0 pages
File Size : 45,9 Mb
Release : 2019
Category : Comparative law
ISBN : 1780682484

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The Borderlines of Tort Law by Miquel Martín-Casals Pdf

This volume explores how differences between tort and contract affect the foundations of liability, the nature and amount of the compensation, the extent of liability and whether defences and limitation periods corresponding to the distinct causes of action give rise to substantially different outcomes.

Author : Paula Giliker
Publisher : Cambridge University Press
Page : 331 pages
File Size : 45,5 Mb
Release : 2010-10-28
Category : Law
ISBN : 9781139493079

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Vicarious Liability in Tort by Paula Giliker Pdf

Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.

Author : B. S. Markesinis
Publisher : Oxford University Press, USA
Page : 648 pages
File Size : 48,5 Mb
Release : 1986
Category : Damages
ISBN : UCAL:B4591049

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A Comparative Introduction to the German Law of Tort by B. S. Markesinis Pdf

Based on Dr. Markesinis's extensive teaching of comparative law, this book provides a complete introduction to the German law of Torts. In addition, the author has included translations of over eighty leading decisions of the German Courts, each accompanied by commentary and followed by notes which compare it to Anglo-American law.

Author : Anonim
Publisher : Unknown
Page : 867 pages
File Size : 54,6 Mb
Release : 2015
Category : Comparative law
ISBN : OCLC:915085991

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Basic Questions of Tort Law from a Comparative Perspective by Anonim Pdf

Author : Helmut Koziol
Publisher : Unknown
Page : 867 pages
File Size : 54,6 Mb
Release : 2015
Category : Comparative law
ISBN : LCCN:2019666921

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Basic Questions of Tort Law from a Comparative Perspective by Helmut Koziol Pdf

Author : Israel Gilead,Michael D. Green,Bernhard A. Koch
Publisher : Walter de Gruyter
Page : 396 pages
File Size : 42,7 Mb
Release : 2013-10-14
Category : Law
ISBN : 9783110282580

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Proportional Liability: Analytical and Comparative Perspectives by Israel Gilead,Michael D. Green,Bernhard A. Koch Pdf

Causal uncertainty is a wide-spread phenomenon. Courts are often unable to determine whether a defendant’s tortious conduct was a factual cause of a plaintiff’s harm. Yet, sometimes courts can determine the probability that the defendant caused the plaintiff’s harm, although often there is considerable variance in the probability estimate based on the available evidence. The conventional way to cope with this uncertainty has been to apply the evidentiary rule of ‘standard of proof’. The application of this ‘all or nothing’ rule can lead to unfairness by absolving defendants who acted tortiously and may also create undesirable incentives that result in greater wrongful conduct and injustice to victims. Some courts have decided that this ‘no-liability’ outcome is undesirable. They have adopted rules of proportional liability that compensate plaintiffs according to the probability that their harm was caused by the defendant’s tortious conduct. In 2005 the Principles of European Tort Law (PETL) made a breakthrough in this regard by embracing rules of proportional liability. This project, building on PETL, endeavours to make further inquiries into the desirable scope of proportional liability and to offer a more detailed view of its meaning, implications, and ramifications.

Author : Craig Martin Scott
Publisher : Bloomsbury Publishing
Page : 500 pages
File Size : 54,7 Mb
Release : 2001-05-22
Category : Law
ISBN : 9781847316806

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Torture as Tort by Craig Martin Scott Pdf

The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation. Cited in Nevsun Resources Ltd. v. Araya, 2020 SCC 5.

Author : Victor E. Schwartz,Evelyn F. Rowe
Publisher : Unknown
Page : 0 pages
File Size : 49,6 Mb
Release : 2010
Category : Negligence, Comparative
ISBN : 1422479064

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Comparative Negligence by Victor E. Schwartz,Evelyn F. Rowe Pdf

Author : Cees van Dam
Publisher : Oxford University Press
Page : 654 pages
File Size : 43,7 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780199672264

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European Tort Law by Cees van Dam Pdf

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.