Comparative Tort Law: Cases, Materials, and Exercises

Comparative Law › Tort / Personal Injury

Comparative Tort Law: Cases, Materials, and Exercises

By Thomas Kadner Graziano
Routledge March 2018

Specifications

ISBN-13
9781138567733
Publisher
Routledge
Publication
March 2018
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Comparative Tort Law promotes a ‘learning by doing’ approach to comparative tort law and comparative methodology. Each chapter starts with a case scenario before addressing 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;
  • 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.

Table of Contents

Foreword
Reference works
List of abbreviations
Translations

Part A: Introduction
Prologue – The purpose of his book 1
1. How to teach and study comparative law? – The approach used in this book 3
2. Is it Legitimate and Beneficial for Judges to Use Comparative Law? 17
3. The Principles of European Tort Law – an Introduction 47

Part B: Case Studies
Chapter 1
The conditions and limits of extra-contractual liability: cable cases 71
Chapter 2
Fault-based liability and the required standard of care: the case of damage caused
by minors 119
Chapter 3
Fault-based liability in action: challenges of establishing fault (and alternative regimes)
– the case of sport accidents 161
Chapter 4
Liability without fault – ruptured water mains: casum sentit dominus? 195
Chapter 5
Most common cases: traffic accidents 227
Chapter 6
Liability in cases of uncertain causation – "all or nothing" or partial compensation
in relation to the probability of causation? 271
Chapter 7a
Damage suffered by secondary victims: the case of psychiatric injury, "nervous shock" or "post-traumatic stress disorder (PTSD)" following the loss or severe injury of a loved one
307
Chapter 7b
Damage suffered by secondary victims: damages for pure emotional harm following the loss or severe injury of a loved one 333
Chapter 8
Liability for others – the case of liability of parents for damage caused
by their children 375
Chapter 9
Liability for pure economic loss – the case of liability for wrongful information
and advice 405
Chapter 10
Protection of privacy and the purpose(s) of tort law 435
Chapter 11
Damage to public goods: the case of damage to the environment,
pure ecological damage in particular 485
Chapter 12
Comparative tort litigation – an introduction, with a focus on the costs of lawsuits 523
Chapter 13
Cross-border torts: coordinating legal diversity through Private International Law
– an introduction 555
Epilogue
Tort law in context - and potential alternatives to tort liability 575
Table of codal and statutory provisions (by country) and principles of law 593
Index
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