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Increasing international cooperation in tackling the worldwide
problem of child abuse and neglect has helped to raise the profile
of this important issue. Scholarly literature on the problem is
growing, yet there is still a pressing need for a legal comparative
commentary on the issue of child abuse claims in tort. Addressing
this omission, this valuable work investigates how the factual
circumstances as laid out in the landmark English cases of X v.
Bedfordshire County Council and Barrett v. Enfield London Borough
Council have been dealt with by the European Court of Human Rights
and in a number of key jurisdictions including the US, Canada,
Australia, South Africa, France, Germany and Italy. Examining the
substantive tort law in these jurisdictions, the book highlights
differences in procedure and compares alternative, non-judicial
sources of compensation for claimants. It also offers suggestions
for reform, providing a work that will greatly benefit all those
working within this specific area of law or having an interest in
the subject.
Increasing international cooperation in tackling the worldwide
problem of child abuse and neglect has helped to raise the profile
of this important issue. Scholarly literature on the problem is
growing, yet there is still a pressing need for a legal comparative
commentary on the issue of child abuse claims in tort. Addressing
this omission, this valuable work investigates how the factual
circumstances as laid out in the landmark English cases of X v.
Bedfordshire County Council and Barrett v. Enfield London Borough
Council have been dealt with by the European Court of Human Rights
and in a number of key jurisdictions including the US, Canada,
Australia, South Africa, France, Germany and Italy. Examining the
substantive tort law in these jurisdictions, the book highlights
differences in procedure and compares alternative, non-judicial
sources of compensation for claimants. It also offers suggestions
for reform, providing a work that will greatly benefit all those
working within this specific area of law or having an interest in
the subject.
This book provides a comparative study of contract law, examining
the interaction of common law and civil law approaches to contract
law. Drawing extensively upon English, French and European law, the
book explores how the law of contract of Jersey, Channel Islands,
has been influenced by both civil law and common law sources. It is
argued that this jurisdiction is a striking example of comparative
law in action, given that Jersey contract law is made up of a blend
of common law and civil law approaches. Jersey law is premised upon
a subjective approach to contracts, in which civil law concepts
such as cause (rather than consideration) and vices de consentement
are the foundational aspects, but is nonetheless highly influenced
by the common law in areas such as remedies (damages, termination,
etc). The book analyses a series of key issues from a comparative
and European perspective, including the principles underlying
contract law (comparing and contrasting civil and common law
approaches), the formation of contract, requirements of reciprocity
(cause vs consideration), the structure and approach of
precontractual liability, the role of good faith in a mixed system,
the architecture of remedies, and more.
Public procurement represents more than 15 per cent of European GDP
and is one of the fastest growing sectors of the European economy.
Public procurement law is also developing rapidly, not least in the
area of remedies for breach of procurement rules. The aim of this
book is to analyse the remedy of damages in public procurement law.
The European Directive of 11 December 2007 amending Council
Directives 89/665/EEC and 92/13/EEC has reaffirmed the importance
of damages as a tool to enforce the proper award of public
contracts, but has left the exact architecture of the damages
remedy in the hands of the Member States. This book offers an
overview of damages liability which is inclusive, coherent and
practical, covering the relevant law and jurisprudence from a
number of countries across Europe and further afield. The
contributors are high-profile and authoritative commentators on
public procurement law, including policy-makers, judges, academics
and practitioners.
Product Liability is a recognised authority in the field and covers
the product liability laws through which manufacturers, retailers,
and others may be held liable to compensate persons who are
injured, or who incur financial loss, when the products which they
manufacture or sell are defective or not fit for their purpose.
Product defects may originate in the production process, be one of
design, or be grounded in a failure to issue an adequate warning or
directions for safe use and practitioners advising business clients
or claimants will find this book provides all the necessary
information for practitioners to manage a product liability claim.
This new edition has been fully updated to take account of 10 years
of development in case law and regulation, and the increasing
impact of cross-border and transnational sale of goods. The Court
of Justice of the European Union handed down major rulings
concerning the Product Liability Directive which affect the
application of the Directive and national arrangements and
Fairgrieve and Goldberg examines this in detail. For any legal
practitioner operating in areas which require knowledge of European
product liability law, an understanding of the impact of recent
developments is essential and this work is an essential resource
for practitioners working on product liability, sale of goods,
personal injury and negligence. The work provides comprehensive
coverage of the law of negligence as it applies to product
liability, of the strict liability provisions of the Consumer
Protection Act 1987, and of the EU's Product Liability Directive on
which the Act is based. Although the majority of cases involve
pharmaceuticals and medical devices, in recent English cases the
allegedly defective products have been as diverse as a child's
buggy, an All Terrain Vehicle, and even a coffee cup. Many cases
are brought as group actions, and the book examines the rights of
those who are injured by defective products. As well as considering
the perspective of the law as it has developed in the UK, this
edition contains detailed discussion of case law from other
jurisdictions including the USA, Australia, New Zealand, Canada,
France and Germany. The coverage in the work is complemented by a
full analysis of issues which arise in transnational litigation
involving problems of jurisdiction and the choice of laws.
While the role of comparative law in the courts was previously only
an exception, foreign sources are now increasingly becoming a
source of law in regular use in supreme and constitutional courts.
There is considerable variation between the practices of courts and
the role of comparative law, and methods remain controversial. In
the US, the issue has been one of intense public debate and it is
still one of the major dividing issues in the discussion about the
role of the courts. Contributing to the existing discussion of the
use of comparative law in the courts, this book provides an
inclusive, coherent, and practical analysis of the relevant law and
jurisprudence in comparative law in the courts. It examines the
consequences for court procedures and the form of judgments, as
well as how foreign sources are drawn upon in private international
law, European law, administrative law, and constitutional law as
well as before general courts. The book also includes case studies
of comparative law used in particular spheres of the law, such as
tort law and consumer law. Written by practising judges and lawyers
as well as leading academics, this book serves as a central
reference point concerning the role of comparative law before the
courts.
This book examines the law of product liability from a comparative
perspective. With the European Directive on Product Liability
enacted over 20 years ago, this publication analyses the state of
product liability in a number of key jurisdictions including both
Western European countries and New Member States. Account is also
taken of developments further afield, including the United States
and Japan. Distinguished contributors, including a high court
judge, European Commission official, leading litigators and
academics, provide individual country reports and a number of
integrated comparative studies. The book is designed for practical
use by legal practitioners, academics, students and others
interested in the area of contract, tort, civil procedure and
multi-party litigation. In particular, practitioners will find the
country reports an essential reference point.
Lord Slynn of Hadley is one of the outstanding judges of his time.
He has served as a High Court Judge, as an Advocate General and Owa
Judge of the European Court of Justice, and he has been a Lord of
Appeal for ten years. This Liber Amicorum bears testimony to the
international reputation that he has achieved for his judgments and
for his scholarship. In the many distinguished contributions,
judges from international courts and from Supreme Courts and
Constitutional Courts, together with academics from leading
universities around the world, have taken the opportunity to
celebrate the accomplishments of Lord Slynn's legal career thus
far, and also to discuss areas of law where Lord Slynn can be
expected to give important impulses to further development. The
thirty years of the legal life of Lord Slynn of Hadley (Gordon
Slynn as he is known to his friends) have seen remarkable
developments and changes in the legal scenery, both domestic
(British), and international. This book, by his friends, extends
widely. Recollect that there is a separate volume covering the
European Court of Justice, and yet there is enough in this
publication to celebrate several separate careers. The reader will
note that there are contributions from justices of eight Supreme
Courts, plus the German Constitutional Court, the Conseil
Constitutionel and the European Court of Human Rights, from ten
universities, many of them multiple, together with famous
institutions and individuals in many different fields. Even Lord
Slynn's young lecturer interest in Air Law is reflected by a
professional paper on the Law of Space. Many, if not most, of the
contributions bear, appropriately, on the question of the role of
courts in reviewing actions of the legislature and the executive,
but there are also articles to attract other diverse specialists,
several, no doubt to Lord Slynn's pleasure, provocative and
forward-looking. Lord Slynn is happily still in office, so this is
really a "Festschrift" of celebration.
While the role of comparative law in the courts was previously only
an exception, foreign sources are now increasingly becoming a
source of law in regular use in supreme and constitutional courts.
There is considerable variation between the practices of courts and
the role of comparative law, and methods remain controversial. In
the US, the issue has been one of intense public debate and it is
still one of the major dividing issues in the discussion about the
role of the courts. Contributing to the existing discussion of the
use of comparative law in the courts, this book provides an
inclusive, coherent, and practical analysis of the relevant law and
jurisprudence in comparative law in the courts. It examines the
consequences for court procedures and the form of judgments, as
well as how foreign sources are drawn upon in private international
law, European law, administrative law, and constitutional law as
well as before general courts. The book also includes case studies
of comparative law used in particular spheres of the law, such as
tort law and consumer law. Written by practising judges and lawyers
as well as leading academics, this book serves as a central
reference point concerning the role of comparative law before the
courts.
Tom Bingham is among the most influential judges of the twentieth
century, having occupied in succession the most senior judicial
offices, Master of the Rolls, Lord Chief Justice and, currently,
Senior Law Lord. His judicial and academic work has deeply
influenced the development of the law in a period of substantial
legal change. In particular his role in establishing the new UK
Supreme Court, and his views on the rule of law and judicial
independence have left a profound mark on UK constitutional law. He
has also been instrumental in championing the academic and judicial
use of comparative law, through his judicial work and involvement
with the British Institute of International and Comparative Law.
This volume collects around fifty essays from colleagues and those
influenced by Lord Bingham, from across academia and legal
practice. The essays survey Lord Bingham's pivotal role in the
transformations that have taken place in the legal system during
his career.
This book examines financial compensation for wrongs committed by public bodies including medical negligence, educational errors, child abuse by local authority carers, and police misconduct. Recent English cases are analysed and compared with European decisions. Explanation is given of ways of gaining compensation outside the courts, through complaints-procedures, ombudsmen, and statutory schemes.
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