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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Unification of Tort Law: Fault - Fault (Hardcover)
Loot Price: R6,866
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Unification of Tort Law: Fault - Fault (Hardcover)
Series: Principles of European Tort Law Set
Expected to ship within 10 - 15 working days
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The Foundations to Tort Law in European legal systems differ
considerably. Until recently, there has been no attempt to
harmonize the entire field of Tort Law in a consistent and
comprehensive manner. A group of Tort Law experts, the European
group on Tort Law, is currently engaged in systematically
researching the most fundamental questions underlying the various
tort law systems. The result of their work is this important series
of books, which is intended as a contribution to a common law of
Europe. In the present volume, the authors provide an overview of
fault, traditionally considered the most important and most general
prerequisite to, and the basis of, liability and its main criterion
of imputation. It thus complements the two volumes on "Strict
Liability and Liability for Damage Caused by Others" (vol. 6 and 7
of the present series), which have set forth the two other
important reasons or principles by which liability is justified.
The notion of fault is examined under both its philosophical and
functional aspects, an approach which additionally reveals the
evolution of this concept from a traditionally subjective to a
modern and objectivised understanding. These divergences are
reflected in the different legal systems, as demonstrated by an
analysis of actual cases. Furthermore, this volume contains an
appreciation of the role of fault from the perspective of the
Economic Analysis of Law, as well as a comparative report which
attempts to describe the most important elements identified by the
individual country reports and to draw some conclusions in view of
the harmonisation of fault-based liability and its relation with
the other bases of liability. In summary, this volume shows the
common grounds of liability based on fault in the various legal
systems under examination, whilst concurrently providing the
academic and the practitioner with the fundamental issues of this
type of liability in the countries covered.
General
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