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European Tort Law, 2nd Edition

European Tort Law, 2nd Edition

Author: Cees van Dam
Publisher: Oxford University Press
ISBN: 9780199672264
Published In: March 2013
Format: Hardback , 726 pages
Jurisdiction: Europe ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author
Reviews

Details

The only English-language volume providing a detailed, comparative introduction to European Tort Law
Examines French, German, English, and EU tort law in conjunction with the European Convention on Human Rights
Explains the role of tort law in the context of human rights violations by states and businesses, offering a valuable resource for European human rights lawyers

New to this edition

Includes the recent developments in English, French, German, and EU tort law, as well as in European harmonization
Discusses cultural diversity and its impact on legal systems, offering a deeper understanding of the differences between jurisdictions and the consequences for European harmonization

This new edition of European Tort Law provides an extensive revision and update of the only English language book 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 European Court of Justice, and the highest courts in France, Germany, and England.

The first part of the book, Systems of Liability, begins with chapters on the state of tort law in France, Germany, and England, and the European Union. A concluding chapter provides 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 of Liability, analyses and compares the classic requirements for liability in a comparative and supranational perspective: 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 businesses.

The final part, Categories of Liability, assesses the field from a comparative and supranational point of view. It shows how national and European rules are applied in a number of categories, such as in liability of public bodies, liability for defective products, road traffic accidents, vicarious liability, and environmental liability.

Readership: Students, academics, and practitioners specializing in tort law, European Union law, human rights law, European private law, and comparative law

I Systems of Liability
1: Introduction
2: Europe
3: France
4: Germany
5: England
6: Ius Commune

II Requirements of Liability
7: Protected Interests
8: Intention and Negligence
9: Violation of a Statutory Rule
10: Strict Liability
11: Causation
12: Damage and Damages

III Categories of Liability
13: Introduction
14: Liability for Movable Objects
15: Liability for Immovable Objects
16: Liability for Other Persons
17: Liability in Emergency Cases
18: Liability of Public Authorities

Cees van Dam, Visiting Professor King's College London; Honorary Professor of European Private Law, Utrecht University; Visiting Professor Queen Mary, University of London

Professor Cees van Dam is a London based legal consultant, advising in matters of Tort Law, European Union Law, Business and Human Rights, and Cultural Diversity. He is Visiting Professor at King's College London and at Queen Mary, University of London. He is Honorary Professor of European Private Law at Utrecht University. Cees van Dam was Professorial Fellow and Director of the European and Comparative Law Programme at the British Institute of International and Comparative Law in London (2004-2007). Before moving to London he was Professor of Private Law at the VU University in Amsterdam (1992-2004). Prior to this tenure he was a staff member at the Ministry of Justice in The Netherlands, where he worked on the new Dutch Civil Code, European Directives, and international treaties.

Review(s) from previous edition

"The present book is an excellent start to encourage a European policy discourse and to make it fruitful. From that angle, it is excellent reading for a large audience of academics and practitioners, students and teachers within the European Union and beyond. - Walter van Gerven (from the preface)

"It is a magnum opus, well thought through and edited in a splendid style that greatly stimulates the reader to enter this new area of law." - Professor Ewoud Hondius, Nederlands Tijdschrift voor Burgerlijk Recht, NTBR