In recent years several cases concerning the liability of directors and officers have courted controversy. Arguments raised in such discussions oscillate between two extremes: on the one hand, the need for governing bodies to give a space to entrepreneurial discretion and on the other hand to ensure the protection of investors in and creditors of a company from the consequences of disadvantageous decisions by those bodies. In light of the geographical dispersal of the above stakeholders, the study offers a comparative insight into the liability of directors and officers in 10 key European jurisdictions (in particular, Austria, Czech Republic, Germany, Italy, the Netherlands, Norway, Poland, Spain and Switzerland) and 4 non-European jurisdictions (namely Brazil, Israel, Turkey and the United States). Amongst other things it investigates existing company law principles on the topic and examines their interaction with tort law and other fields with a view to suggesting principles for better stakeholder protection. National reports are complemented by an economic analysis and insurance, conflict of laws and comparative reports. The study also benefits from case study analyses.

The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court's judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real 'just' satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.

The foundations of tort law in various European legal systems vary considerably. Until now, there has not been an attempt to harmonize the entire field of tort law in a consistent manner. To rectify this, a group of tort lawyers has proposed to address the fundamental questions underlying every tort law system. The result is this important book, which searches for a common law of Europe without the necessity yet to lay these principles down in formal legal texts, such as a European civil code. Identifying the most relevant factors in establishing liability as wrongfulness, causation, damage, fault, and the area of strict liability, the authors concentrate on the topic of 'wrongfulness', trying to combine theoretical abstract analysis with the discussion of concrete cases. Each author gives an overview of wrongfulness under his or her national legal system, primarily by working out the concept and its importance in establishing liability - and then applies the analysis to actual cases. The subsequent conclusions aim at the coordination of the results and other important factors. In addition, some members of the group work out the nature of protected interests and important reasons for the extent of protection, and discuss the overlap of contractual and tortious liability. In summary, the book not only explores the common ground underlying all the legal systems concerned with respect to the concept of wrongfulness, but also informs academics and practitioners of the fundamental questions of wrongfulness underlying the law of tort in various distinct jurisdictions.

Where products develop ever more rapidly, the law may face difficulties in responding accordingly to new security threats which may arise. In the field of product liability, an extraordinary need for legal development has thus been perceived, with legislators and judges feeling compelled to find new solutions and to look across borders for these. In the detailed reports in this book, the World Tort Law Society proves that it is in an ideal position to examine the most significant concepts. The report on North America studies the special regime for product liability from its origin in the case law of the US; the European report is centred around the EU Product Liability Directive with its merits and faults; and the influence of these two systems as well as new answers are shown in the reports on Asia, Russia and four key jurisdictions in the rest of the world. Similar questions are discussed worldwide: How can a strict liability regime for products be justified, and can it be justified in all cases? How does the special regime relate to general rules of tort law? Should services be subject to a similar regime? The Members of the Society seek to provoke thought for solutions to these pervasive problems. In this spirit, the volume's comparative conclusions invite discussion, and the book includes four responses to that call from eminent tort lawyers from different legal backgrounds.

The Yearbook on European Tort Law provides a comprehensive overview of the latest developments in the law of torts within Europe and thereby enables scholars as well as practitioners from different national backgrounds to keep abreast of questions concerning tort law. The Yearbook contains reports on the developments of tort law in the EU Member States (except Luxembourg), Switzerland, Poland and the Czech Republic as well as a report on the developments in the field of EU law. Additionally, with South Africa, one non-European country is included. In conclusion, a comparative overview reviews the essential aspects of all reports. The reports are written by scholars from the respective jurisdictions and, focusing on the year 2001, they include important court decisions, critical remarks on these decisions, a presentation of new legislation and a literature overview. In addition to the national reports, essays on key topics in the field of tort law are included in the Yearbook.