European Union Law Tort / Personal Injury

Tort Law in Portugal

Edited by Nuno Manuel Pinto Oliveira · Andre Goncalo Dias Pereira
Kluwer Law International July 2020

Specifications

ISBN-13
9789403523255
Publisher
Kluwer Law International
Publication
July 2020
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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 Portugal. 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.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers Portugal. 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

List of Abbreviations
General Introduction
Part I. Liability for One’s Own Acts
Chapter 1. General Principles
Chapter 2. Specific Cases of Liability (Are All Tortfeasors Subject to the Same Rules?)
Part II. Liability for Acts of Others
Chapter 1. Vicarious Liability
Chapter 2. Liability of Parents, Teachers & Instructors (For Children, Minors, Students)
Chapter 3. Liability for Things and Animals
Part III. Forms of Strict Liability
Chapter 1. Road and Traffic Accidents
Chapter 2. Product Liability
Chapter 3. Liability for Service
Chapter 4. Environmental Liability
Part IV. Defences and Exception Clauses
Chapter 1. Limitation of Action (Suspension and Interruption)
Chapter 2. Grounds of Justification
Chapter 3. Contributory Fault
Chapter 4. Exemption Clauses
Part V. Causation
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. Interference with Collateral Benefits
Chapter 7. Other Remedies
Selected Bibliography
Index
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