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Comparative Tort Law: Cases, Materials, and Exercises (eBook)

Thomas Kadner Graziano

ISBN13: 9781351340625

Published: March 2018

Publisher: Routledge

Country of Publication: UK

Format: eBook (ePub)

Price: Out of print
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9781138567733

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Comparative Tort Law promotes a ‘learning by doing’ approach to comparative tort law and comparative methodology. Each chapter starts with a case scenario before addressing questions and expertly selected material, such as: legislation, extracts of case law, soft law principles, and (where appropriate) extracts of legal doctrine. Using this material, students are invited to:

solve the proposed scenario according to the laws of several jurisdictions;
compare the approaches and solutions they have identified;
evaluate their respective pros and cons;
reflect upon the most appropriate approach and solution.

This book is essential reading for all students and scholars of comparative tort law and comparative law methodology, and is the ideal companion for those wishing to both familiarise themselves with real-world materials and understand the many diverse approaches to modern tort law.

Subjects:: Comparative Law, Tort Law, eBooks

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