Graziano Comparative Tort Law

Cases, Materials and Exercises
1. Auflage 2018
ISBN: 978-1-351-34062-5
Verlag: Taylor & Francis
Format: EPUB
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 650 Seiten

This book promotes a learning by doing approach to comparative law methodology in general, and comparative tort law in particular. In each chapter, the starting point is a case scenario, followed by questions and expertly selected material (legislation, extracts of case law, soft law principles and – where appropriate – extracts of legal doctrine). Using the material provided, students are invited to solve the scenario according to the laws of several jurisdictions, to compare the approaches and solutions that they have identified, to evaluate their respective pros and cons, and to reflect upon the most appropriate approach and solution.

The material focuses primarily on Europe, the USA and China. Much of the international material is translated into English for the first time. This book is the ideal companion to those wishing to familiarise themselves with real-world materials and to understand the underlying rationales of diverse approaches to many of the most topical issues of modern tort law. It is essential reading for all students and scholars of comparative law methodology and comparative tort law. A companion website is available at http://www.routledge.com/cw/Kadner.

Thomas KADNER GRAZIANO is professor at the University of Geneva and visiting professor at KU Leuven.

Autoren/Hrsg.

Graziano, Thomas Kadner

Fachgebiete

• Rechtswissenschaften Bürgerliches Recht Schuldrecht Haftpflichtrecht, Deliktsrecht, Produkthaftungsrecht

Inhaltsverzeichnis

Contents

Foreword

Reference works

List of abbreviations

Translations



Part A: Introduction

Prologue – The purpose of his book 1

1. How to teach and study comparative law? – The approach used in this book 3

2. Is it Legitimate and Beneficial for Judges to Use Comparative Law? 17

3. The Principles of European Tort Law – an Introduction 47



Part B: Case Studies

Chapter 1

The conditions and limits of extra-contractual liability: cable cases 71

Chapter 2

Fault-based liability and the required standard of care: the case of damage caused

by minors 119

Chapter 3

Fault-based liability in action: challenges of establishing fault (and alternative regimes)

– the case of sport accidents 161

Chapter 4

Liability without fault – ruptured water mains: casum sentit dominus? 195

Chapter 5

Most common cases: traffic accidents 227

Chapter 6

Liability in cases of uncertain causation – "all or nothing" or partial compensation

in relation to the probability of causation? 271

Chapter 7a

Damage suffered by secondary victims: the case of psychiatric injury, "nervous shock" or "post-traumatic stress disorder (PTSD)" following the loss or severe injury of a loved one

307

Chapter 7b

Damage suffered by secondary victims: damages for pure emotional harm following the loss or severe injury of a loved one 333

Chapter 8

Liability for others – the case of liability of parents for damage caused

by their children 375

Chapter 9

Liability for pure economic loss – the case of liability for wrongful information

and advice 405

Chapter 10

Protection of privacy and the purpose(s) of tort law 435

Chapter 11

Damage to public goods: the case of damage to the environment,

pure ecological damage in particular 485

Chapter 12

Comparative tort litigation – an introduction, with a focus on the costs of lawsuits 523

Chapter 13

Cross-border torts: coordinating legal diversity through Private International Law

– an introduction 555

Epilogue

Tort law in context - and potential alternatives to tort liability 575

Table of codal and statutory provisions (by country) and principles of law 593

Index

Über Autor(innen)

Thomas KADNER GRAZIANO is Professor of Law at the University of Geneva and visiting professor at KU Leuven. He holds a doctoral degree from Goethe-University Frankfurt, an LL.M degree from Harvard Law School, and a professorial degree from Humboldt-University Berlin. He studied law at the Universities of Frankfurt and Geneva and comparative law and/or languages at the Universities of Salamanca, Strasbourg, London, and Trento. He was a faculty member of the DUKE-Geneva Institute in Transnational Law (2004, 2010) and has held visiting professorships, teaching comparative law at the Universities of Potsdam (1997), Poitiers (2006), Florida (1996, 2006-10), Exeter (2007-08), Kaunas (2009, 2013, 2014), Vilnius (2014), Lausanne (2015), KU Leuven (since 2015), Renmin (People’s) University of China (Beijing and Suzhou, 2016) and taught seminars in comparative law at the Universities of Johannesburg (2015) and Luxembourg (since 2016). He is Fellow of the European Centre of Tort and Insurance Law (ECTIL), Vienna, and has acted as an expert on comparative law and comparative private international law e.g. for the European Parliament and in international proceedings before the UN Security Council’s Compensation Commission.