The Law of Obligations in Central and Southeast Europe examines the new codifications, reforms, and other recent developments in Central and Southeast Europe which have significantly modernized the law of obligations in the last two decades, focusing particularly on the legal systems of Poland, Czech Republic, Slovak Republic, Hungary, Slovenia, Croatia, Serbia, and Turkey. With chapters authored by prominent academics and promising young legal scholars, this book discusses the results of the modernizations and describes the legislative reforms of the law of obligations that are underway or are discussed and advocated for in the countries of Central and Southeast Europe. Divergences of the new civil codes and other legislative acts from earlier legal solutions are identified and the rationale behind these departures is analysed, as well as the introduction of the new legal institutes in the law of obligations in these parts of the world. The Introduction provides a concise country-by-country overview of the recodification, modernization, and reform of the law of obligations in Central and Southeast Europe. In Part I, chapters discuss the process of recodification in the Slovak Republic, Czech Republic, Poland, and Hungary, with focus on the main novelties in their contract and tort law. The chapters in Part II then discuss several, more specific legal institutes of the law of obligations, and other recent developments and contemporary challenges to the law of obligations in the Czech Republic, Slovenia, Croatia, Serbia, and Turkey. This book is of interest to legal scholars in the field of private law, as well as to students, practitioners, members of law reform bodies, and civil servants in Central and Southeast Europe, and beyond.

What is professional negligence? What are the obligations of construction professionals in contract and in tort? In what circumstances might the difference between the obligations be important? These questions are of crucial importance not only to construction lawyers but also to contractors, architects, quantity surveyors, engineers, project managers, and multi-disciplinary practitioners. With an emphasis on the practical aspects of professional negligence in the construction industry and written in a straightforward yet authoritative way, this book is ideal for lawyers and students of construction and law as well as construction professionals at all levels.

Class actions in privacy law are rapidly growing as a legal vehicle for citizens around the world to hold corporations liable for privacy violations. Current and future developments in these class actions stand to shift the corporate liability landscape for companies that interact with people's personal information. Privacy class actions are at the intersection of civil litigation, privacy law, and data protection. Developments in privacy class actions raise complex issues of substantive law as well as challenges to the established procedures governing class action litigation. Their outcomes are integral to the evolution of privacy law and data protection law across jurisdictions. This book brings together established scholars in privacy law, data protection law, and collective litigation to offer a detailed perspective on the present and future of collective litigation for privacy claims. Taking a comparative approach, this book incorporates considerations from consumer protection law, procedural law, cross-border litigation, tort law, and data protection law, which are key to understanding the development of privacy class actions. In doing so, it offers an analysis of the novel challenges they pose for courts, regulatory agencies, scholars, and litigators, together with their potential solutions.

This book adopts a novel approach to resolving the present difficulties experienced by the courts in imposing strict liability for the tort of another. It looks beyond the traditional classifications of 'vicarious liability' and 'liability for breach of a non-delegable duty of care' and, for the first time, seeks to explain all instances of strict liability for the tort of another in terms of the various relationships in which the courts impose such liability. The book shows that, despite appearances, there is a unifying feature to the various relationships in which the courts currently impose strict liability for the tort of another. That feature is authority. Whenever the courts impose strict liability for the tort of another, the defendant is either vested with authority over the person who committed a tort against the claimant or has vested or conferred a form of authority upon that person in respect of the claimant. This book uses this feature of authority to construct a new expositive framework within which strict liability for the tort of another can be understood.

The topic is of particular interest for insurers as compensation for loss of housekeeping capacity is one of the main heads of damages awarded for personal injury. Naturally it also has considerable importance for accident victims. Yet it has received relatively little scholarly attention, at least from a comparative perspective. The aim of this study is to examine national approaches to the award of damages under the head of loss of housekeeping capacity, and to compare the levels of damages so awarded. The research will therefore address both the concepts employed in different national systems and, by means of practical case studies, the compensation actually paid in individual cases. The results of the research comprise ten country reports (Austria, England and Wales, France, Germany, Italy, The Netherlands, Norway, Poland, Spain and Switzerland) based on a Questionnaire (Part I: General Part and Doctrine, Part II: Concrete Assessment Examples) and a concluding Comparative Report. This project, "Loss of Housekeeping Capacity", was undertaken at the request of the Swiss Insurance Association.

This fourth edition of Business Law offers comprehensive and accessible coverage of the key aspects of business law. Established legal topics such as the English legal system, Contract, Consumer, Intellectual Property, Company and Employment Law, and emerging areas such as Health, Safety and Environmental Law are all addressed in the context of business. The work has been thoroughly updated to include all the major recent developments in business law, such as the new EU Trade Secrets Directive and case outcomes decided since the publication of the last edition. The book also discusses the impact of Brexit. In addition, the book features extensive diagrams and tables, revision summaries, reading lists, and clear key case boxes for easy reference. This book is ideal reading for undergraduate law and business studies students, while also applicable to practitioners and those with a more general interest in business law.

This book is a second edition of Interpretation of Contracts (2007). The original work examined various issues surrounding the question of how contracts should be interpreted by courts, in particular focusing on the law of contract interpretation following Lord Hoffmann's exposition of the principles of contextual interpretation in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896. As with the original, this new edition provides an overview of the subject, concentrating on elements of controversy and disagreement, rather than a detailed analysis of all the contract law rules and doctrines that might be regarded as interpretative in one sense or another. The book will be concerned with interpretation of contracts generally (following the rule that there are not different rules of interpretation for different kinds of contracts), but with reference to commercial contracts in particular, since this is the area in which the contextual interpretative approach was developed, and where it has most relevance. The overall aim of the second edition remains the same as the first - to produce an accessible and readable guide to contract interpretation for law students, scholars and practitioners.

The debate about the use of genetically modified organisms in European agriculture is fuelled by the fear of the general public about potential risks of GM farming, whether substantiated or not. Transgenic food is suspected to cause bodily harm, have a negative impact upon the health of animals, weaken the productivity of conventional farmland, reduce biodiversity or otherwise deteriorate the environment, to name but a few dangers popping up in the public debate. Apart from setting standards for GM farming and requiring safety checks for transgenic products, all jurisdictions also provide for the case that such risks should materialize. These are not necessarily novel approaches - classic tort law already offers remedies for such losses. Sometimes these traditional solutions are enhanced or replaced by alternative redress schemes. This volume compares twenty European and four non-European jurisdictions in this respect and provides special analyses from an economic and insurance perspective as well as surveys of cross-border dispute resolution and international law.

Tort law, a fundamental building block of every legal system, features prominently in mass culture and political debates. As this pioneering anthology reveals, tort law is not simply a collection of legal rules and procedures, but a set of cultural responses to the broader problems of risk, injury, assignment of responsibility, compensation, valuation, and obligation.
Examining tort law as a cultural phenomenon and a form of cultural practice, this work makes explicit comparisons of tort law across space and time, looking at the United States, Europe, and Asia in the nineteenth, twentieth, and twenty-first centuries. It draws on theories and methods from law, sociology, political science, and anthropology to offer a truly interdisciplinary, pathbreaking view. Ultimately, tort law, the authors show, nests within a larger web of relationships and shared discursive conventions that organize social life.

In the mid 1980s, there was a crisis in the availability, affordability, and adequacy of liability insurance in the United States and Canada. Mass tort claims such as the asbestos, DES, and Agent Orange litigation generated widespread public attention, and the tort system came to assume a heightened prominence in American life. While some scholars debate whether or not any such crisis still exists, there has been an increasing political, judicial and academic questioning of the goals and future of the tort system.
Exploring the Domain of Tort Law reviews the evidence on the efficacy of the tort system and its alternatives. By looking at empirical evidence in five major categories of accidents--automobile, medical malpractice, product-related accidents, environmental injuries, and workplace injuries--the authors evaluate the degree to which the tort system conforms to three normative goals: deterrence, corrective justice, and distributive justice. In each case, the authors review the deterrence and compensatory properties of the tort system, and then review parallel bodies of evidence on regulatory, penal, and compensatory alternatives.
Most of the academic literature on the tort system has traditionally been doctrinal or, in recent years, highly theoretical. Very little of this literature provides an in-depth consideration of how the system works, and whether or not there are any feasible alternatives. Exploring the Domain of TortLaw contributes valuable new evidence to the tort law reform debate. It will be of interest to academic lawyers and economists, policy analysts, policy professionals in government and research organizations, and all those affected by tort law reform.

The 'reasonable person' is used to assess the acceptability of behaviour in many areas of the law including criminal law and accident law. However the reasonable person has also attracted substantial criticism from egalitarian critics and feminists insofar as it presupposes contested notions of 'normal' behaviour and may discriminate against certain classes of defendant. Rethinking the Reasonable Person systematically investigates whether there are deeper foundations to these criticisms and discusses how the legal standard might be reconstructed in a more egalitarian way.

This book is based closely on the lectures delivered by Tony Weir in 1996 as part of the Clarendon Law lectures series sponsored by Oxford University Press. It is an exciting and provocative book which contains a number of controversial propositions, defended with vigour by its author. The three lectures reproduced here deal with liability in tort for intentionally inflicted economic loss. They are characterized by a very unusual combination of bold leading statements and multi-layered supporting analysis. There are also useful Appendices containing full case transcripts of recent, significant cases, including Millar v Bassey and de Voto v Pacific. This book will be irresistible to all scholars of the law of tort, and the author's reputation alone will ensure this book is well-received.

When potential litigants first approach a lawyer they are generally interested in finding out one thing only: are they likely to be able to win damages or any other kind of remedy and what kind of quantum of damages are they likely to receive? It becomes the lawyer's main task to try to argue for a remedy and to persuade the court that the plaintiff has a good cause of action. Textbooks about contract and tort frequently treat damages and other remedies as an after-thought when in fact it is the issue of remedies which is a constant and ever-present consideration for the plaintiff and his or her lawyer. This new book, containing contributions from many of the UK's leading specialists, brings to the fore a range of issues which are of topical interest to litigators and to teachers of law. In some instances the issues are currently the subject of reform proposals and these essays usefully highlight the principal issues facing the reformers and the objections which have been raised by those opposed to reform. In addition four of the essays tackle a strand of tort law which is of rapidly growing importance - the area of professional negligence. The contributors are among the best-known writers in this field and their essays combine practical and academic perspectives which usefully highlight contemporary trends in professional negligence litigation. The first chapter in the book also offers a unique and controversial overview of tort law in the UK by Professor Patrick Atiyah, who argues for a complete rethink of the system of personal injuries litigation in the UK, starting with its abolition. Not for the first time, Professor Atiyah thinks the unthinkable.

Fourth in the popular and well-regarded SPTL seminar series, this book explores the concepts of privacy and loyalty in the law of obligations. Privacy and fiduciary obligations are two very topical subjects. The contributions include: "Privacy as a Constitutional Right and Value" by Eric Barendt; "Comparative Rights of Privacy of Public Figures" by Basil Markesinis and Nico Nolte; and "Constructive Fiduciaries?" by Lionel Smith. These essays combine practical and academic perspectives which highlight contemporary trends in the law of obligations. In addition to the essays, there is an extended editor's introduction by Peter Birks, a recognized expert in this field.

There is no universally accepted definition of moral damages, but the concept is usually understood in the context of torts that cause psychological harm to a person or a person's rights that are difficult to quantify. Heaven's Chancellery describes the difficulties of obtaining legal compensation for damages by victims of such moral injustice. To convey the legal impossibility of just compensation for intangible, and therefore immeasurable, damage, the author presents a fictional account of Adam, a scientist who believes the earthly judicial system has wronged him. Adam finds true compensation only when he is invited on a journey to seek justice in Heaven's Chancellery. By utilizing a narrative fiction, the author invites a wide audience of readers to examine the complications of compensation for intangible damage. Even if moral damage is deemed impossible to fully compensate through the legal terms that we have been used for centuries, the story of Adam's journey in Heaven's Chancellery upholds a possibility of an alternative avenue for justice previously denied to him by the earthly convent. This book will be of interest to students of law and the general reader alike.

The late John Fleming, emeritus Professor of Law in the University of California at Berkeley, was the pre-eminent torts lawyer of the age; his Law of Torts has influenced generations of students and scholars, and remains a classic of legal literature. In this volume, distinguished academics and judges from around the world pay tribute to him in a collection of essays which range widely across tort law, legal theory, legal history and comparative law. Topics discussed include: tort and human rights; the duty of care in negligence; codification of the law of obligations in Europe; the basis of strict liability in particular and of responsibility generally in tort law; and aspects of products liability. These stimulating essays have much to say about the past, present and future of the law of obligations and will be of great interest to scholars and lawyers of all legal systems. From the editors' preface John Fleming was one of the most influential writers on the law of torts and comparative law in the English-speaking world this century. His towering contribution to scholarship is evidenced not only by the great prestige his work attracts in academic circles but also by the frequency and high respect with which his work is cited by judges in appellate courts of many jurisdictions. The authors of this collection of essays on the law of obligations intend it as a tribute to his achievements.

All European legal systems recognise a boundary between the domains of tort and contract. While there have been voices contending that this distinction is no longer valid or at least that there should be a unification of the two sets of rules in particular contexts, others claim that there is still a very important distinction to be maintained. In fact the boundary between the two areas is often blurred and whether it is drawn in one place or another varies from country to country, giving rise to the paradox that what is considered a matter of contractual liability in one legal system is governed exclusively by tort law in another.This volume explores how differences between tort and contract affect the foundations of liability, the nature and amount of the compensation, the extent of liability and whether defences and limitation periods corresponding to the distinct causes of action give rise to substantially different outcomes. It also analyses to what extent actions in tort and in contract exclude each other and, when this is the case, how their concurrence is organised. Lastly it devotes its attention to specific situations such as pre-contractual liability and the liability of professionals.

The Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to: Understand the law and remember the details using diagrams and tables throughout to demonstrate how the law fits together Contextualise your knowledge identifying and explaining how to apply legal principles for important cases providing cross-references and further reading to help you aim higher in essays and exams Avoid common misunderstandings and errors identifying common pitfalls students encounter in class and in assessment Reflect critically on the law identifying contentious areas that are up for debate and on which you will need to form an opinion Apply what you have learned in assessment presenting learning objectives that reflect typical assessment criteria providing sample essay and exam questions, supported by end-of chapter feedback The series is also supported by comprehensive online resources that allow you to track your progress during the run-up to exams.

Utilizing a comparative examination of case-law from England, Canada, the USA, Australia, New Zealand and Ireland, this volume provides a comprehensive and systematic study of the law of intervening causation (novus actus interveniens) to present an analysis of this particular judicial limitation of liability device. The work provides a structure from which to formulate core general legal principles and identify the various legal tests utilized by the courts.

This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.

This two-volume collection, prepared by a leading scholar in this field, brings together the seminal articles on the law and economics of tort law. The selection of papers addresses topics such as the Coase theorem, the choice between property and liability rules, the difference between negligence and strict liability, the economics of causation, damages and vicarious liability and the economics of affirmative duties. This is a classic collection that provides an essential foundation in the core issues fundamental to an understanding of tort law.

The major mental health reforms of the last generation in the U.S.A. have given rise to much discussion and often heated debate; but have they actually produced any real changes? This book is the first overview of this controversial subject - and the author's appraisal of the consequences of these reforms is surprising. Changes which were originally aimed at making it more difficult to hospitalize and treat people with mental illness, and easier to punish them, have actually resulted in far less change than was predicted or intended. This stimulating book argues that, when the law contradicted commonsense ideas of how to deal with the mentally ill, it was bent or ignored, whether by judges, medical professionals, or family members.

The lectures presented in this volume examine the fast-growing compensation culture and the consequential pressure on courts to widen the range of situations in which individuals can claim damages from the State. Within domestic legal systems, there has been a considerable extension of tortious liability which is impinging on the State and its resources. These lectures address statutory and administrative compensation, and examine the influence of group actions and of globalization. Pressure on domestic legal systems has been increased by transnational courts, notably the Court of Human Rights and the European Court of Justice. Carol Harlow argues that this trend towards judicialization is undesirable, and that greater use should be made of extrajudicial remedies. She contends that the issue of compensation is too important to be left to the courts.

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers. These books provide you with the skills you need for your exams by: Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria Offering pointers on how to gain marks, as well as what common errors could lose them: 'Aim Higher' and 'Common Pitfalls' offer crucial guidance throughout Helping you to understand and remember the law: diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus Q&As and multiple-choice questions to help you focus your revision more effectively.