Subjects:

Tort Law, EU Law

Contents:

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 Negligence

9 Breach of Statutory Duty

10 Strict Liability

11 Causation

12 Damages

III Categories of Liability

13 Introduction

14 Premises, Grounds, and Roads

15 Movable Objects

16 Supervising Other Persons

17 Public Authorities

18 Emergency Aid

This is the first introductory book on European tort law which familiarises the reader in a concise way with the main features of European tort law. It brings together national tort law, comparative law, community law and human rights law, and provides insights into the differences and commonalities between the tort law systems of various European jurisdictions. Despite some harmonising tendencies, European tort law is primarily a matter of diversity rather than harmony.

The first part 'Systems of Liability' provides an overview of the state of affairs of the tort law systems of France, Germany and England and the European Union. In a concluding chapter comparisons are made between the rules, the cultures and the policies of the various systems. Finally, the case for a European codification of tort law is discussed.

The second part 'Requirements of Liability' analyses and compares the requirements for liability in the various tort law systems: protected interests, negligence and unlawfulness, breach of statutory duty, stricter rules of liability, causation and damage, damages, and contributory negligence.

The final part 'Categories of Liability' also assumes a comparative and a supranational point of view, and shows how the national and European rules are applied in various ways in a number of categories, such as liability of public bodies, liability for defective products, for motor vehicles, for employees, for children, and for premises and highways.

• Brings together French, German and English tort law, European Community tort law and the case law of the European Court of Human Rights
• Gives a concise and up to date account of how the various tort law systems work and how they are intertwined
• Examines the relationships between cultures and policies of the different systems