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The Research Handbook on EU Tort Law critically examines tort
liability arising from EU law. It brings together for the first
time different elements of EU tort law to provide a comprehensive
overview of the institutional liability of the EU, member state
liability and liability arising from a variety of EU legislation.
Contributors are experts in their field and range from the UK and
Ireland to France, Germany, the Netherlands and Hungary. The impact
of EU tort law on national legal systems is wide-ranging. It
extends to areas as diverse as consumer law, competition law, data
protection law, employment law, insurance law and financial
services law. The Research Handbook provides a detailed analysis of
these areas of law and considers the extent to which we can now
identify an emerging European culture of tort law. It further
analyzes the impact of proposals to harmonise European tort law and
considers the impact of Brexit on EU tort law. The Research
Handbook offers an authoritative reference point for academics,
students and practitioners studying or working in EU law, private
law and comparative law. Comprehensive and informative, it is also
accessible for those approaching the subject for the first time.
Contributors include: J. Blackie, J. Davey, M. Faure, P. Giliker,
M.-P. Granger, K. Gutman, J. Knetsch, D. Leczykiewicz, M.
Martin-Casals, J. Mulder, L. Niglia, O. Odudu, C. Riefa, S.
Saintier, A. Sanchez-Graells, K. Stanton, M. Stauch, F. White
This book is the one place to find unprecedented access to
case-law, doctrinal debates and comparative reflections on
vicarious liability from across the common law world. The doctrine
of vicarious liability, that is strict liability for the torts of
others, represents one of the most controversial areas of tort law.
Unsurprisingly it is a doctrine that has been discussed in the
highest courts of common law jurisdictions. This collection
responds to uncertainties as to the operation of vicarious
liability in twenty-first century tort law by looking at key common
law jurisdictions and asking expert scholars to set out and
critically analyse the law, identifying factors influencing change
and the extent to which case-law from other common law
jurisdictions has been influential. The jurisdictions covered
include Canada, England and Wales, Australia, Singapore, Ireland,
Hong Kong and New Zealand. In providing critical analysis of this
important topic, it will be essential and compelling reading for
all scholars of tort law and practitioners working in this field.
Tort law is often regarded as the clearest example of traditional
common law reasoning. Yet, in the past 40 years, the common law of
England and Wales has been subject to European influences as a
result of the introduction of the European Communities Act 1972
and, more recently, the implementation of the Human Rights Act 1998
in October 2000. EU Directives have led to changes to the law
relating to product liability, health and safety in the workplace,
and defamation, while Francovich liability introduces a new tort
imposing State liability for breach of EU law. The 1998 Act has led
to developments in privacy law and made the courts reconsider their
approach to public authority liability and freedom of expression in
defamation law. This book explores how English tort law has changed
as a result of Europeanisation - broadly defined as the influence
of European Union and European human rights law. It also analyses
how this influence has impacted on traditional common law
reasoning. Has Europeanisation led to changes to the common law
legal tradition or has the latter proved more resistant to change
than might have been expected?
This book is the one place to find unprecedented access to
case-law, doctrinal debates and comparative reflections on
vicarious liability from across the common law world. The doctrine
of vicarious liability, that is strict liability for the torts of
others, represents one of the most controversial areas of tort law.
Unsurprisingly it is a doctrine that has been discussed in the
highest courts of common law jurisdictions. This collection
responds to uncertainties as to the operation of vicarious
liability in twenty-first century tort law by looking at key common
law jurisdictions and asking expert scholars to set out and
critically analyse the law, identifying factors influencing change
and the extent to which case-law from other common law
jurisdictions has been influential. The jurisdictions covered
include Canada, England and Wales, Australia, Singapore, Ireland,
Hong Kong and New Zealand. In providing critical analysis of this
important topic, it will be essential and compelling reading for
all scholars of tort law and practitioners working in this field.
Vicarious liability is controversial: a principle of strict
liability in an area dominated by fault-based liability. By making
an innocent party pay compensation for the torts of another, it can
also appear unjust. Yet it is a principle found in all Western
legal systems, be they civil law or common law. Despite uncertainty
as to its justifications, it is accepted as necessary. In our
modern global economy, we are unlikely to understand its meaning
and rationale through study of one legal system alone. Using her
considerable experience as a comparative tort lawyer, Paula Giliker
examines the principle of vicarious liability (or, to a civil
lawyer, liability for the acts of others) in England and Wales,
Australia, Canada, France and Germany, and with reference to legal
systems in countries such as the United States, New Zealand and
Spain.
This book examines the nature of pre-contractual liability in
English and French law and the extent to which the arguments of
risk determine the imposition of liability during the negotiation
process. The book is divided into three parts. Dr Giliker first
examines potential contractual liability, followed by a study of
liability outside contract, namely in the fast-growing law of
restitution, "enrichissement sans cause, tort, delict and the
equitable doctrine of estoppel. The final part deals with proposals
for reform and draws a number of conclusions, highlighting, in
particular, the policy influences on the law. Drawing on her
extensive knowledge of both systems, Dr Giliker reviews the
relevant legal authority and academic literature in this field,
focusing on the difficult, but practically important, question of
liability for services performed in anticipation of a contract. The
book offers a comprehensive picture of the current legal position
in England and France and a fresh perspective on this commercially
significant area of law, which is likely to be of relevance to
anyone interested in this area of law or in obligations law in
general.
Vicarious liability is controversial: a principle of strict
liability in an area dominated by fault-based liability. By making
an innocent party pay compensation for the torts of another, it can
also appear unjust. Yet it is a principle found in all Western
legal systems, be they civil law or common law. Despite uncertainty
as to its justifications, it is accepted as necessary. In our
modern global economy, we are unlikely to understand its meaning
and rationale through study of one legal system alone. Using her
considerable experience as a comparative tort lawyer, Paula Giliker
examines the principle of vicarious liability (or, to a civil
lawyer, liability for the acts of others) in England and Wales,
Australia, Canada, France and Germany, and with reference to legal
systems in countries such as the United States, New Zealand and
Spain.
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