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Liability law is expanding in many areas and many countries. This
development is potentially worrisome. It may affect the
availability of useful goods and services and has a negative impact
on insurability. This calls for research into techniques to keep
liability (law) within reasonable and sustainable limits. This book
sheds light on the techniques used in the respective countries,
highlighted on the basis of eight cases.
Liability law is clearly expanding through an increasing number of
strict liabilities, increasing claim-consciousness and higher
amounts awarded. This work puts forward a number of views on how
modern tort law copes and should cope with these changes. It
provides a brief overview of a broad range of legal systems and
describes the tools used to prevent the burden of liability law
from becoming too heavy, such as causation, duty of care, caps and
ceilings and ad hoc moderation.
The foundation of tort law in various European legal systems
differs considerably. A group of tort lawyers, the "European Group
on Tort Law", proposes to address the fundamental questions
underlying every tort law system. They aim at identifying these
principles, thus searching 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. Discussing the most relevant factors
in establishing liability as wrongfulness, causation, damage, fault
and the area of strict liability the group is concentrating on the
topic "causation" in this book, trying to combine theoretical
abstract analysis with the discussion of concrete cases. Firstly,
the authors give an overview of causation under their national
legal systems, especially by working out its concept and its
importance in establishing liability. Secondly, concrete cases are
solved. The following comparative conclusions aim at the
co-ordination of the results and the supplementation of other
important factors. In summary, the book tries to make clear which
is the common ground of causation that underlies all the legal
systems concerned with respect to the law of tort as well as to
teach the academic and practitioner the fundamental questions of
causation underlying the law of tort in a particular country.
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