Comparative Tort Law

Contents

Foreword Reference works List of abbreviations Translations

ã 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

ã 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

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