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Author: Jonas Knetsch
Publisher: Kluwer Law International B.V.
ISBN: 940353575X
Category : Law
Languages : en
Pages : 310
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in France. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in France. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Author: Jonas Knetsch
Publisher: Kluwer Law International B.V.
ISBN: 940353575X
Category : Law
Languages : en
Pages : 310
Get Book
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in France. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in France. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Author: Marco Cappelletti
Publisher: Oxford University Press
ISBN: 0192859862
Category :
Languages : en
Pages : 385
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Book Description
The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.
Author: F. H. Lawson
Publisher: Cambridge University Press
ISBN: 9780521235853
Category : Law
Languages : en
Pages : 276
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Book Description
Author: Mauro Bussani
Publisher: Edward Elgar Publishing
ISBN: 1789905982
Category : Law
Languages : en
Pages : 584
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Book Description
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.
Author: Simon Taylor
Publisher: Cambridge University Press
ISBN: 1107102804
Category : Law
Languages : en
Pages : 197
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Book Description
Considers the lessons that French medical accident liability and redress law provides for possible reform in England and elsewhere.
Author: Miquel Martín-Casals
Publisher: Cambridge University Press
ISBN: 1107475805
Category : Law
Languages : en
Pages : 303
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Book Description
A study of how established rules of tort law have responded to technological change.
Author: Michael Lobban
Publisher: Cambridge University Press
ISBN: 1107475600
Category : Law
Languages : en
Pages : 311
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Book Description
How have social and philosophical ideas influenced the development of tort law in Europe?
Author: W. Friedmann
Publisher: Univ of California Press
ISBN: 0520345355
Category : Social Science
Languages : en
Pages : 546
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Book Description
Author: Eric Descheemaeker
Publisher: Oxford University Press (UK)
ISBN: 0199562792
Category : Law
Languages : en
Pages : 328
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Book Description
rectify. Readership: Academics in the areas of comparative law, tort law, legal history, and Roman law.
Author: Paul Mitchell
Publisher: Cambridge University Press
ISBN: 1107019001
Category : Liability (Law)
Languages : en
Pages : 253
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Book Description
This three-volume set contains the results of the second and final stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history and one which is theoretically ...
