European Tort Law

Fülszöveg

This is the first textbook on European tort law. It provides insight into the differences, commonalities, and mutual influence of the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, EU law, and human rights law.
The author shows that European tort law is still a matter of diversity rather than harmony, particularly at policy level. However, he also underlines that EU law and the European Convention on Human Rights are powerful engines for harmonization. For this reason, European tort law is of growing importance for judges, practitioners, government officials, and academics as European integration progresses.
The first part of the book (Systems of Liability) provides overviews of the state of affairs of the tort law systems of France, Germany, and England, and of the European Union. In a concluding chapter the author compares the various rules, cultures, and policies ofthe legal systems and demonstrates the need for a... Tovább

Fülszöveg

This is the first textbook on European tort law. It provides insight into the differences, commonalities, and mutual influence of the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, EU law, and human rights law.
The author shows that European tort law is still a matter of diversity rather than harmony, particularly at policy level. However, he also underlines that EU law and the European Convention on Human Rights are powerful engines for harmonization. For this reason, European tort law is of growing importance for judges, practitioners, government officials, and academics as European integration progresses.
The first part of the book (Systems of Liability) provides overviews of the state of affairs of the tort law systems of France, Germany, and England, and of the European Union. In a concluding chapter the author compares the various rules, cultures, and policies ofthe legal systems and demonstrates the need for a European policy discourse.
The second part (Requirements of Liability) analyzes and compares the requirements for liability in the various tort law systems: protected interests, intention and negligence, breach of statutory duty, stricter rules of liability, causation, damage, damages, and contributory negligence.
The final part (Categories of Liability) also assumes a comparative and a supranational point of view. It shows how national and European rules are applied in a number of categories, such as liability of public bodies, liability for defective products, for motor vehicles, employees, children, premises and highways, and for environmental damage.
The book is written in a concise yet clear style. Brief accounts of numerous cases elucidate the breadth and depth of European tort law.
Cees van Dam is Honorary Professor of European Private Law at Utrecht University and Visiting Professor in European Comparative Law at Queen Mary, University of London. Vissza