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Vol 24 No 9 Sept/Oct 2019

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The Anti-Suit Injunction

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Tort Law in Belgium

ISBN13: 9789403500638
Published: June 2018
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Paperback
Price: £56.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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 Belgium. 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 Belgium. 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.

European Jurisdictions, Belgium
The Author
List of Abbreviations
General Introduction
Part I. Liability for One’s Own Acts
Chapter 1. General Principles
Chapter 2. Specific Cases
Part II. Liability for Acts of Others
Chapter 1. Vicarious Liability
Chapter 2. Liability of Parents for Minors and Teachers for Students
Part III. Forms of Strict Liability
Chapter 1. Liability for Things
Chapter 2. Product Liability
Chapter 3. Liability for Services
Chapter 4. Liability for Animals
Chapter 5. Road and Traffic Accidents
Chapter 6. Environmental Liability
Chapter 7. Liability for Fire or Explosion in Establishments Open to the Public
Part IV. Defenses and Exception Clauses
Chapter 1. Limitation of Action
Chapter 2. Grounds of Justification
Chapter 3. Contributory Fault
Chapter 4. Immunity of Employees, Civil Servants and Volunteers
Chapter 5. Exclusion Clauses
Part V. Causation
Chapter 1. The Traditional Theory
Chapter 2. Legal Reality: Not Equivalence of Conditions?
Chapter 3. Plurality of Liable Parties
Part VI. Remedies
Chapter 1. General Principles
Chapter 2. Types of Losses
Chapter 3. Compensation and Assessment 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