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"Non-contractual liability, stemming from damage accountably caused to another, has been the subject of the PETL and DCFR VI European reform initiatives. Gert Brüggemeier, however, proposes alternative reforms which, instead of trying to overcome the differences between civil law (delict) and common law (torts), are restricted to civil liability. The focus is on the grounds of accountability, and stricter forms of liability are at the fore. Quasi-strict enterprise liability is introduced to fill the lacuna between personal fault and forms of strict liability. A commentary is included on recent legislation on civil liability in China, Brazil and Russia to demonstrate how these large countries try to come to grips with the challenges of 'risk society'"-- "One who in a legally attributable way injures the legally protected interests of another is bound to compensate the injured for the loss resulting therefrom. Article 1:102 Legally Protected Interests of a Human Being (1) Legally protected interests are, in particular, the life, bodily and health integrity, as well as the free movement of a human being. In respect of the compensation of fatal injuries, special rules apply (Articles 6:201/202). (2) The legally protected interests of an individual person also include intangible legal interests such as dignity, self-determination, privacy, as well as the 'right' to personal identity, to one's own image, name, voice and personal data"--
Tort and negligence --- Brazil --- China --- Russian Federation --- Europe --- Liability (Law) --- LAW / Torts --- LAW / Torts. --- Russia --- Liability (law) --- Law / torts.
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"Despite the growing number of textbooks, national casebooks, monographs and model rules of a European character in the field of tort, a major gap is apparent: seminal national court decisions in a single language on a single platform. The current study does systematically examine causation and damage - equally important elements of tort law, relating to wrongful behaviour and fault, under the combined heading of ‘misconduct'"-- "The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of 'misconduct'. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the 'Digest of European Tort Law' series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules"--
Damages --- LAW / International. --- LAW / Torts. --- Proximate cause (Law) --- Torts
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"In recent years several cases concerning the liability of directors and officers have courted controversy. Arguments raised in such discussions oscillate between two extremes: on the one hand, the need for governing bodies to give a space to entrepreneurial discretion and on the other hand to ensure the protection of investors in and creditors of a company from the consequences of disadvantageous decisions by those bodies. In light of the geographical dispersal of the above stakeholders, the study offers a comparative insight into the liability of directors and officers in 10 key European jurisdictions (in particular, Austria, Czech Republic, Germany, Italy, the Netherlands, Norway, Poland, Spain and Switzerland) and 4 non-European jurisdictions (namely Brazil, Israel, Turkey and the United States). Amongst other things it investigates existing company law principles on the topic and examines their interaction with tort law and other fields with a view to suggesting principles for better stakeholder protection. National reports are complemented by an economic analysis and insurance, conflict of laws and comparative reports. The study also benefits from case study analyses"-- "This study offers an insight into an area of law that has courted controversy in recent years: the liability of directors and officers of companies. In light of the geographical dispersal of investors and shareholders, it examines the topic from the perspectives of 14 key European and non-European jurisdictions. National reports are complemented by an economic analysis and insurance, conflict of laws and comparative reports"--
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Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.
Torts --- Psychological aspects --- LAW / Torts. --- Psychological aspects. --- Civil wrongs --- Delicts --- Injuries (Law) --- Quasi delicts --- Wrongful acts --- Accident law --- Actions and defenses --- Liability (Law) --- Obligations (Law) --- Negligence --- Reasonable care (Law) --- Torts - United States - Psychological aspects --- Etats-Unis
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