This book is the second of a two-volume treatise on the law of non-contractual obligations. The result of a unique attempt to discover the common elements of the law of torts of all the member states of the EU, it is founded on the belief that the approximation of European laws should not be left to the directives and regulations of Brussels alone. To this end, von Bar has undertaken a thorough detailed analysis of the relevant court rulings and academic writings of
all the jurisdictions of the European Union to distil a common European law of torts. The insights gained from the comparative analysis also offer a guidance to greater harmonization in the future.
This second volume commences with a chapter on loss, damage, and damages, before proceeding with a detailed analysis of liability for breach of duty. This third chapter is devoted to strict liability, the fourth to causation and remoteness of damage, and the fifth to general defences.
Industry Reviews
`... a quite breathtaking piece of research, presented in a style which is of enormous benefit to students and to practitioners. ... The extent of the research displayed in the book is simply breathtaking. ... If comparative law is about analysis of 'foreign systems' with a view to achieving a more perfect domestic rule, then this book is of great significance. ... this is a quite remarkable reference book both in terms of comprehensiveness and in terms
of analysis. ... in his work of 'the interleaving and reconciling of accepted national concepts', Professor Von Bar has provided in thorough (and surprisingly readable) form, the groundwork for any EU based
harmonisation, if not of specific tort rules, then of general tortious principles. ... a magnificent piece of work which will be of inestimable benefit to those studying or teaching comparative law as well as those interested in yet one more area of increased Europeanisation.'
The Irish Jurist 2001
`This is the first book ever to cover a whole sector of private law in pan-European perspective, relying not on a country-by-country approach but rather developing an integrated system based predominantly on court practice. It will be of interest to scholars of the law of torts and comparative law, also those interested in European law more generally and the emerging common European private law in particular.'
European Access
`this book is a deeply provoking source of profound insights'
Law Quarterly Review 1 July 2001
`.... this book is a deeply provoking source of profound insights.'
Law Quarterly Review
`The pioneering work on tort law in all the jurisdictions of the European Union is now complete.'
Wildy's Book News Nov/Dec 2000