This new edition of European Tort Law provides an extensive revision and update of the only English language book 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 European Court of Justice, and the highest courts in France, Germany, and England.
The first part of the book, Systems of Liability, begins with chapters on the state of tort law in France, Germany, and England, and the European Union. A concluding chapter provides 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 of Liability, analyses and compares the classic requirements for liability in a comparative and supranational perspective: 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 businesses.
The final part, Categories of Liability, assesses the field from a comparative and supranational point of view. It shows how national and European rules are applied in a number of categories, such as in liability of public bodies, liability for defective products, road traffic accidents, vicarious liability, and environmental liability.
Features:
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
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
Includes the recent developments in English, French, German, and EU tort law, as well as in European harmonization
Discusses cultural diversity and its impact on legal systems, offering a deeper understanding of the differences between jurisdictions and the consequences for European harmonization
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