Comparative Tort Law
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Comparative Tort Law
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Author : Mauro Bussani
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-08-28
Comparative Tort Law written by Mauro Bussani and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-28 with Law categories.
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
Comparative Tort Law
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Author : Thomas Kadner-Graziano
language : en
Publisher: Routledge
Release Date : 2018-03-20
Comparative Tort Law written by Thomas Kadner-Graziano and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-20 with Law categories.
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.
Tort Law
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Author : Tjong Tjin Tai, Eric
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-09-06
Tort Law written by Tjong Tjin Tai, Eric and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-06 with Law categories.
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.
Comparative Tort Law
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Author : Mauro Bussani
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-02-26
Comparative Tort Law written by Mauro Bussani and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-26 with Law categories.
This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
Basic Questions Of Tort Law From A Comparative Perspective
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Author :
language : en
Publisher:
Release Date : 2015
Basic Questions Of Tort Law From A Comparative Perspective written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Comparative law categories.
Vicarious Liability In Tort
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Author : Paula Giliker
language : en
Publisher: Cambridge University Press
Release Date : 2010-10-28
Vicarious Liability In Tort written by Paula Giliker and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-28 with Law categories.
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.
Tort Law And Economics
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Author : Michael Faure
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009-01-01
Tort Law And Economics written by Michael Faure and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
The central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills. Olivier Moreteau, Louisiana State University, US Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the main developments of the discussion, examining the results of recent studies and stating their own opinions. Detailed bibliographies are included. The volume has to be warmly recommended to friends and foes of economic analysis who are provided with a comprehensive update in this field while also indicating areas which critics have to focus on. Helmut Koziol, European Centre of Tort and Insurance Law, Austria This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker. Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.
Tort Law And The Legislature
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Author : TT Arvind
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-12-21
Tort Law And The Legislature written by TT Arvind and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-21 with Law categories.
The study of the law of tort is generally preoccupied by case law, while the fundamental impact of legislation is often overlooked. At a jurisprudential level there is an unspoken view that legislation is generally piecemeal and at best self-contained and specific; at worst dependent on the whim of political views at a particular time. With a different starting point, this volume seeks to test such notions, illustrating, among other things, the widespread and lasting influence of legislation on the shape and principles of the law of tort; the variety of forms of legislation and the complex nature of political and policy concerns that may lie behind their enactment; the sometimes unexpected consequences of statutory reform; and the integration not only of statutory rules but also of legislative policy into the operation of tort law today. The apparently sharp distinction between judicially created private law principles, and democratically enacted legislative rules and policies, is therefore questioned, and it is argued that to describe the principles of the law of tort without referring to statute is potentially highly misleading. This book shows that legislation is important not only because of the way it varies or replaces case law, but because it also deeply influences the intrinsic character of that law, providing some of its most familiar characteristics. The book provides the first extended interpretation of legislative intervention in the law of tort. Each of the chapters, by leading tort scholars, deals with an aspect of the influence of legislation on the law of tort. While the nature, sources and extent of legislative influence in personal injury law is an essential feature of the collection, other significant areas of tort law are explored, including tort in the context of commercial law, labour law, regulation and the welfare state. Essays on the Compensation Act 2006 and Human Rights Act 1998 bring the current state of the interplay between tort, politics and legislation to the forefront. In all of these contexts, contributors explore the deeper lessons that can be learned about the nature of the law of tort and its changing role and functions over time. Cited with approval in the Singapore Court of Appeal by VK Rajah JA in See Toh Siew Kee vs Ho Ah Lam Ferrocement (Pte) Ltd and others, [2013] SGCA 29
European Tort Law
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Author : Cees van Dam
language : en
Publisher: OUP Oxford
Release Date : 2013-03-22
European Tort Law written by Cees van Dam and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-22 with Law categories.
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.
A Comparative Introduction To The German Law Of Torts
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Author : B. S. Markesinis
language : en
Publisher: Oxford University Press, USA
Release Date : 1990
A Comparative Introduction To The German Law Of Torts written by B. S. Markesinis and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Language Arts & Disciplines categories.
This book examines the German law of torts using the comparative method, making frequent references to American, English, and French material. Completely revised and updated, it includes commentary on the tort provisions of the German Civil Code as well as English translations of leading decisions of the German Courts. Translations of the relevant sections of the Road Traffic Act 1952 and the Strict Liability Act 1979 have also been included. Most of the cases and statutes are accompanied by explanatory notes providing parallel solutions of English and American law, making this book an invaluable reference for practitioners and students of German and comparative law.