Essential Cases On Natural Causation

Author : Bénédict Winiger
Publisher : Springer
ISBN 13 : 9783211100516
Total Pages : 632 pages
Book Rating : 4.12/5 ( download)

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Download or read book Essential Cases on Natural Causation written by Bénédict Winiger and published by Springer. This book was released on 2009-09-02 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to contribute to a better understanding of natural causation, which is a central concept in civil law, the present book offers a large collection of leading cases from 25 European countries and from the Court of Justice of the European Community. Each case is shortly summarised and commented on. Further, an important number of cases collected are resolved according to the recently published ‘Principles of European Tort Law’.

Author : Bénédict Winiger
Publisher : Springer
ISBN 13 : 9783211369579
Total Pages : 632 pages
Book Rating : 4.70/5 ( download)

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Download or read book Essential Cases on Natural Causation written by Bénédict Winiger and published by Springer. This book was released on 2007-03-30 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to contribute to a better understanding of natural causation, which is a central concept in civil law, the present book offers a large collection of leading cases from 25 European countries and from the Court of Justice of the European Community. Each case is shortly summarised and commented on. Further, an important number of cases collected are resolved according to the recently published ‘Principles of European Tort Law’.

Author : Benedict Winiger
Publisher : Walter de Gruyter
ISBN 13 : 3110248492
Total Pages : 1218 pages
Book Rating : 4.94/5 ( download)

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Download or read book Essential Cases on Damage written by Benedict Winiger and published by Walter de Gruyter. This book was released on 2011-11-30 with total page 1218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rules.

Author : Benedict Winiger
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 311053567X
Total Pages : 1308 pages
Book Rating : 4.79/5 ( download)

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Download or read book Essential Cases on Misconduct written by Benedict Winiger and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-01-22 with total page 1308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.

Author : Marta Infantino
Publisher : Cambridge University Press
ISBN 13 : 1108418368
Total Pages : 785 pages
Book Rating : 4.62/5 ( download)

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Download or read book Causation in European Tort Law written by Marta Infantino and published by Cambridge University Press. This book was released on 2017-12-28 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Author : Sandy Steel
Publisher : Cambridge University Press
ISBN 13 : 1107049105
Total Pages : 461 pages
Book Rating : 4.09/5 ( download)

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Download or read book Proof of Causation in Tort Law written by Sandy Steel and published by Cambridge University Press. This book was released on 2015-09-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.

Author : Marta Infantino
Publisher : Cambridge University Press
ISBN 13 : 1108307876
Total Pages : 786 pages
Book Rating : 4.71/5 ( download)

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Download or read book Causation in European Tort Law written by Marta Infantino and published by Cambridge University Press. This book was released on 2017-12-28 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a comprehensive analysis of sixteen European legal systems, based on an assessment of national answers to a factual questionnaire, Causation in European Tort Law sheds light on the operative rules applied in each jurisdiction to factual and legal causation problems. It highlights how legal systems' features impact on the practical role that causation is called upon to play, as well as the arguments of professional lawyers. Issues covered include the conditions under which a causal link can be established, rules on contribution and apportionment, the treatment of supervening, alternative and uncertain causes, the understanding of loss-of-a-chance cases, and the standard and the burden of proving causation. This is a book for scholars, students and legal professionals alike.

Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004204881
Total Pages : 576 pages
Book Rating : 4.81/5 ( download)

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Download or read book Towards a Chinese Civil Code written by and published by Martinus Nijhoff Publishers. This book was released on 2012-11-13 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. Within this context, the present book aims at providing the necessary historical and comparative legal perspectives. It concentrates on substantive private law and civil procedure, both in China and in other jurisdictions. These perspectives are of considerable importance for the present codification work. Additionally, the book is dedicated to commemorating the centennial of the first Western-influenced and civil law-oriented Civil Code of China, the Da Qing Min Lü Cao An of 1911. The following topics are addressed: property law, contract law, tort law and civil procedure. The book also contains contributions on codification experiences in Europe and on the concept of codification in general. The topics are discussed by leading Chinese and international scholars. Most of the Chinese contributors have taken part in preparing the Chinese Draft Civil Code. The book is the outcome of a conference organized by the Centre for Chinese and Comparative Law (RCCL), School of Law, City University of Hong Kong, in October 2010.

Author : Sandy Steel
Publisher : Cambridge University Press
ISBN 13 : 1316381072
Total Pages : 461 pages
Book Rating : 4.76/5 ( download)

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Download or read book Proof of Causation in Tort Law written by Sandy Steel and published by Cambridge University Press. This book was released on 2015-09-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Causation is a foundational concept in tort law: in claims for compensation, a claimant must demonstrate that the defendant was a cause of the injury suffered in order for compensation to be awarded. Proof of Causation in Tort Law provides a critical, comparative and theoretical analysis of the general proof rules of causation underlying the tort laws of England, Germany and France, as well as the exceptional departures from these rules which each system has made. Exploring the different approaches to uncertainty over causation in tort law, Sandy Steel defends the justifiability of some of these exceptions, and categorises and examines the kinds of exceptional rules suggested by the case law and literature. Critically engaged with both the theoretical literature and current legal doctrine, this book will be of interest to private law scholars, judges and legal practitioners.

Author : Cees van Dam
Publisher : OUP Oxford
ISBN 13 : 019165244X
Total Pages : 654 pages
Book Rating : 4.48/5 ( download)

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Download or read book European Tort Law written by Cees van Dam and published by OUP Oxford. This book was released on 2013-03-22 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.