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Comparative Tort Law: Cases, Materials, and Exercises

Comparative Tort Law: Cases, Materials, and Exercises

Author: Thomas Kadner Graziano
Publisher: Routledge
ISBN: 9781138567733
Published In: March 2018
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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.

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