Law Tort / Personal Injury

Tort Law in France

By Jonas Knetsch
Kluwer Law International August 2021

Specifications

ISBN-13
9789403535746
Publisher
Kluwer Law International
Publication
August 2021
Format
Paperback
Jurisdiction
France ? Countri(es) for reference only
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Details

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.

Table of Contents

The Author

List of Abbreviations

Preface

General Introduction

Part I. Liability for One’s Own Acts

Chapter 1. General Principles

Chapter 2. Specific Cases of Liability for Fault

Part II. Liability for Acts of Others

Chapter 1. Liability of Employers for Acts of Their Employees

Chapter 2. Liability of Parents, Teachers and Guardians

Chapter 3. Other Cases of Liability for Acts of Others

Part III. Forms of Strict Liability

Chapter 1. Liability for Things and Animals

Chapter 2. Road and Traffic Accidents

Chapter 3. Product Liability

Chapter 4. Liability for Service

Chapter 5. Environmental Liability

Chapter 6. Others

Part IV. Defences and Exception Clauses

Chapter 1. Limitation of Actions (prescription extinctive)

Chapter 2. Grounds of Justification

Chapter 3. Contributory Fault

Chapter 4. Exemption Clauses

Part V. Causation

Chapter 1. Concept of Causation

Chapter 2. The Doctrine of cause étrangère

Chapter 3. Multiple Tortfeasors

Part VI. Remedies

Chapter 1. General Principles

Chapter 2. Kinds of Damages

Chapter 3. Assessment and Compensation of Damages

Chapter 4. Personal Injury and Death

Chapter 5. Various Damages (Property)

Chapter 6. Deductibility of Collateral Benefits

Chapter 7. Other Remedies

Selected Bibliography

Index

Price on request
New Edition is available now !
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  • International shipping to 35+ countries
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