Markesinis's German Law of Torts

1. Introduction
I. A Birdâs Eye View of the Organisation of the German Courts in Civil Matters
II. Style, Form and Content of Argument in the Judgments of the German Supreme Court
III. Some Preliminary Observations on the BGB in General and the Delict Provisions in Particular
IV. The Constitutionalisation of Private Law
V. Amending the Civil Code
VI. Bibliographical Survey
2. Breach of Protected Interests (§ 823 I BGB)
I. Introductory Remarks
II. The Rights and Interests Protected by § 823 I BGB
III. Unlawfulness and Fault
IV. The Duties of Care
V. Causation
4. Specific Areas of Liability Under the Code: Economic Loss and Products
I. Economic Loss
II. Liability for Untrue Statements Under § 824 BGB
III. Delictual Liability for Products
IV. Strict Liability?
V. The Fowl Pest Decision of 1968 and the Move from Contract to Delict
VI. The Various Forms of Product Liability
5. Liability for Others
I. The Tortious Liability for âEmployeesâ: §§ 831, 278 BGB
II. The Escape into Contract: § 278 BGB
III. Liability Regimes in Labour Law
IV. Liability for those in Need of Supervision, Especially Children: § 832 BGB
6. Medical Liability
Colm McGrath
I. Introduction
II. The Doctrinal Basis of Medical Liability Claims
III. Types of Claim
IV. Procedural Indulgences
V. Extra-Judicial Alternatives
7. No-Fault Liability
I. German Approaches to No-Fault Liability
8. The Liability of Public Authorities
I. Liability Under § 839 BGB and Article 34 GG
II. No-Fault Liability of the Administration: Expropriation and Sacrificial Encroachment
9. The Law of Damages
I. Preliminary Observations
II. Personal Injury (Pecuniary Losses)
III. Personal Injury (Non-Pecuniary Losses)
IV. Ricochet Damage in the Context of Accidents
V. Interference with the General Right to Oneâs Personality
VI. Damage to Property