Hardcover

Unification of Tort Law: Fault

Unification of Tort Law: Fault by Pierre Widmer

Unification of Tort Law: Fault

Contributor(s)
By (author) Pierre Widmer
Edited by Christa Kissling
Publish Date
10/11/2005
Product Line
Kluwer Law International
Available formats

Details

The Foundations to tort law in European legal systems differ considerably. Until recently, there has been no attempt to harmonize the entire field of tort law in a consistent and comprehensive manner. A group of tort law experts, the European group on Tort Law, is currently engaged in systematically researching the most fundamental questions underlying the various tort law systems. The result of their work is this important series of books, which is intended as a contribution to a common law of Europe.

In the present volume, the authors provide an overview of fault, traditionally considered the most important and most general prerequisite to, and the basis of, liability and its main criterion of imputation. It thus complements the two volumes on Strict Liability and Liability for Damage Caused by Others (vol. 6 and 7 of the present series), which have set forth the two other important reasons or principles by which liability is justified. The notion of fault is examined under both its philosophical and functional aspects, an approach which additionally reveals the evolution of this concept from a traditionally subjective to a modern and objectivized understanding. These divergences are reflected in the different legal systems, as demonstrated by an analysis of actual cases. Furthermore, this volume contains an appreciation of the role of fault from the perspective of the Economic Analysis of Law as well as a comparative report which attempts to describe the most important elements identified by the individual country reports and to draw some conclusions in view of the harmonisation of fault-based liability and its relation with the other bases of liability.

In summary, this volume shows the common grounds of liability based on fault in the various legal systems under examination, whilst concurrently providing the academic and the practitioner with the fundamental issues of this type of liability in the countries covered.

ISBN: 9789041120984
Pages: 428
SKU: 904112098X
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Preface, List of Abbreviations, Fault: Questionnaire and Cases: Fault: Questionnaire and Cases Pierre Widmer and Helmut Koziol Part I – General Questions Part II – Cases Country Reports, Fault under Austrian Law Helmut Koziol Part I – General Questions Part II – Cases Fault under Belgian Law Herman Cousy and Dimitri Droshout Part I – General Questions Part II – Cases Fault under Czech Law Luboš Tichý Part I – General Questions Part II – Cases Fault under English Law W.V. Horton Rogers Part I – General Questions Part II – Cases Fault under French Law Suzanne Galand-Carval Part I – General Questions Part II – Cases Fault under German Law Ulrich Magnus and Gerhard Seher Part I – General Questions Part II – Cases Fault under Greek Law Konstantinos D. Kerameus and Angelika Gouskos Part I – General Questions Part II – Cases Fault under Israeli Law Israel Gilead Part I – General Questions Part II – Cases Fault under Italian Law Francesco Donato Busnelli, Giovanni Comandé and Maria Gagliardi Part I – General Questions Part II – Cases Fault under Dutch Law Willem H. van Boom Part I – General Questions Part II – Cases
Fault under Portuguese Law Jorge Sinde Monteiro and Maria Manuel Veloso Part I – General Questions Part II – Cases Fault under South African Law Johann Neethling Part I – General Questions Part II – Cases
Fault under Spanish Law Miquel Martín-Casals and Josep Solé Feliu Part I – General Questions Part II – Cases Fault under Swedish Law Bill W. Dufwa Part I – General Questions Part II – Cases Fault under Swiss Law Pierre Widmer Part I – General Questions Part II – Cases Fault under US Law Gary T. Schwartz† and Michael D. Green Part I – General Questions Part II – Cases Economic Analysis of Fault Michael Faure Part I – Introduction Part II – The Economic Model of Tort Law Part III – Efficient Care and the Learned Hand Standard Part IV – The Bonus Pater Familias Standard Part V – The Blameworthiness Requirement Part VI – Intent Part VII – Safety Regulation and Liability Part VIII – Some concluding remarks Comparative Report on Fault as a Basis of Liability and Criterion of Imputation (Attribution) Pierre Widmer Introductive Remark Part I – General Questions Part II – Cases, Appendix: Principles of European Tort Law, Index

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