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Tort Law in the European Union, 2nd Edition

Tort Law in the European Union, 2nd Edition

Author: Gert Brüggemeier
Publisher: Kluwer Law International
ISBN: 9789403500706
Published In: June 2018
Format: Paperback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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 the European Union. 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 in the European Union. 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.
The Author

Preface to the Second Edition

Preface to the First Edition and Acknowledgements

Guide for Readers

List of Abbreviations

List of Tables

General Introduction

Book I. Non-contractual Liability of the European Union, Member States and Private Parties

Introduction: Various Types of Responsibility and Responsible Parties under EU Law

Part I. Non-contractual Liability of the European Union (Article 340(2) TFEU)

Chapter 1. Introduction: Two Types of Liability of the European Union: Vicarious Liability for Torts and Liability for Breach of Law

Chapter 2. EU Vicarious Liability: Torts of Staff, Bodies and Institutions (Article 340(2) TFEU)

Chapter 3. ‘Breach-of-Law Liability’ of the European Union (Article 340(2) TFEU)

Chapter 4. Additional Conditions of Liability

Chapter 5. Burden and Standard of Proof

Part II. Liability of Member States

Chapter 1. Various Types of Member State Liability

Chapter 2. Once More on Causation: Brinkmann and Leth

Chapter 3. Procedural Autonomy of Member States Law and Its Limits

Part III. Consolidation of Liability of Union and Member States for Breach of EU Law

Part IV. Liability of Private Parties for Breach of EU Law

Chapter 1. Various Types of Liability

Chapter 2. Fundamental Freedoms Versus Fundamental Rights

Chapter 3. Horizontal Direct Effect of Directives?

Chapter 4. Conditions of Liability, and Competent Jurisdiction

Part V. Joint Liability and Consequences of Liability

Chapter 1. Joint Liability and Subsidiary Liability

Chapter 2. Consequences of Liability: Damages

Chapter 3. Summary and Commentary

Part VI. Special Cases of Responsibility of the European Union

Chapter 1. Compensation for Damage by Lawful Acts

Chapter 2. Liability of the EU as Public Principal of the Civil Service

Book II. Civil Non-contractual Liability

Chapter 1. Introduction

Part VII. Liability for Defectiveness

Chapter 1. Product Liability

Chapter 2. Liability of Service Suppliers

Part VIII. Additional Civil Liability Regimes

Chapter 1. Environmental Liability

Chapter 2. Liability for Automobile Traffic, Air Carriage and

Nuclear Energy

Chapter 3. Protection of Personal Data

Part IX. Summary and Commentary

Concluding Remarks

Selected Bibliography

Table of Cases

Table of EU Legislation

Index