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European Tort Law - Second Edition
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European Tort Law - Second Edition

Price: $163.00
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Published 21 Mar 2013 (OUP)
ISBN: 9780199672264. Hard Cover, 656 pages.

Cees van Dam 

This new edition of European Tort Law provides an extensive revision and update of the only English language book in this constantly evolving area. The coverage in the new edition has been expanded with material on the latest developments in legislation, legal literature, and the case law of the European Court of Human Rights, the European Court of Justice, and the highest courts in France, Germany, and England. 

The first part of the book, Systems of Liability, begins with chapters on the state of tort law in France, Germany, and England, and the European Union. A concluding chapter provides an overall view of the European field, linking the variety of rules with cultural diversity, examining the consequences for European harmonization, and emphasizing the importance of a European policy discourse. 

The second part, Requirements of Liability, analyses and compares the classic requirements for liability in a comparative and supranational perspective: protected interests, intention, and negligence, breach of statutory duty, stricter rules of liability, causation, damage, damages, and contributory negligence. It also discusses the role of tort law in protecting human rights against violations by the state and businesses. 

The final part, Categories of Liability, assesses the field from a comparative and supranational point of view. It shows how national and European rules are applied in a number of categories, such as in liability of public bodies, liability for defective products, road traffic accidents, vicarious liability, and environmental liability.

Professor Cees van Dam is a London based legal consultant, advising in matters of Tort Law, European Union Law, Business and Human Rights, and Cultural Diversity. He is Visiting Professor at King's College London and at Queen Mary, University of London. He is Honorary Professor of European Private Law at Utrecht University. Cees van Dam was Professorial Fellow and Director of the European and Comparative Law Programme at the British Institute of International and Comparative Law in London (2004-2007). Before moving to London he was Professor of Private Law at the VU University in Amsterdam (1992-2004). Prior to this tenure he was a staff member at the Ministry of Justice in The Netherlands, where he worked on the new Dutch Civil Code, European Directives, and international treaties. 

Review(s) from previous edition 

"The present book is an excellent start to encourage a European policy discourse and to make it fruitful. From that angle, it is excellent reading for a large audience of academics and practitioners, students and teachers within the European Union and beyond. - Walter van Gerven (from the preface) 

"It is a magnum opus, well thought through and edited in a splendid style that greatly stimulates the reader to enter this new area of law." - Professor Ewoud Hondius, Nederlands Tijdschrift voor Burgerlijk Recht, NTBR 

Table of Contents 

I Systems of Liability 

1: Introduction 

2: Europe 

3: France 

4: Germany 

5: England 

6: Ius Commune

II Requirements of Liability 

7: Protected Interests

8: Intention and Negligence 

9: Violation of a Statutory Rule

10: Strict Liability

11: Causation 

12: Damage and Damages

III Categories of Liability 

13: Introduction 

14: Liability for Movable Objects

15: Liability for Immovable Objects 

16: Liability for Other Persons 

17: Liability in Emergency Cases 

18: Liability of Public Authorities

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