Essential Cases on Damage

Essential Cases on Damage

Author: Benedict Winiger

Publisher: Walter de Gruyter

Published: 2011-11-30

Total Pages: 1218

ISBN-13: 3110248492

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The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rules.


Essential Cases on Misconduct

Essential Cases on Misconduct

Author: Benedict Winiger

Publisher: Walter de Gruyter GmbH & Co KG

Published: 2018-01-22

Total Pages: 1316

ISBN-13: 311053567X

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The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.


Essentials to the Law of Damages (Classic Reprint)

Essentials to the Law of Damages (Classic Reprint)

Author: Ralph Stanley Bauer

Publisher: Forgotten Books

Published: 2017-09-12

Total Pages: 526

ISBN-13: 9781528150958

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Excerpt from Essentials to the Law of Damages Today, as is well known, the situation is altogether dif ferent. In contract, and as to pecuniary elements of dam age in-tort, the court can, and does, exercise rather a close control over the amount of damages; but, as to non-pecuniary elements of damage in torts, the jury may exercise a discretion of considerable breadth, for it is, as to such elements, exceedingly difficult, in most cases, to say that a verdict is excessive or inadequate, and it is altogether impossible to lay down practically complete general rules as in contract. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.


Essentials to the Law of Damages

Essentials to the Law of Damages

Author: Ralph Stanley Bauer

Publisher: Forgotten Books

Published: 2015-06-16

Total Pages: 526

ISBN-13: 9781330119587

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Excerpt from Essentials to the Law of Damages The purpose of this book is to state clearly the rules of the law of Damages, to comment upon and illustrate the workings of the rules, and to present important recent developments in this field. An effort is made to cultivate in the student an independent judgment as to the correctness of statements of principle. For this purpose, comparisons of adverse holdings are made, and questionable holdings are questioned or criticized. It is not intended that this work contain any extended treatment of the law of tort and contract. Questions of liability are so interwoven with questions as to the measure of damages that it is necessary to devote small portions of the book to treatment of the primary question of the defendants liability, as is done in all books on this subject. In determining the amount of space to be given to each portion of the general subject, regard has been had to the relative importance of the parts and to their complexity and difficulty. The citations of cases and quotations from them and other authorities have been selected from a large mass of material gathered from almost every possible source during the years in which the writer has written articles upon and taught this subject. Many of the cases quoted, cited, or used as illustrations, are leading cases, and to these have been added such other cases as seem valuable for purposes of instruction. In the selection of cases for illustrative purposes, the element of human interest has never been lost sight of; for the student must be interested while instructed. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.


A Collection of Cases on the Measure of Damages

A Collection of Cases on the Measure of Damages

Author: Joseph Henry Beale

Publisher: Legare Street Press

Published: 2023-07-18

Total Pages: 0

ISBN-13: 9781019866627

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This essential text offers a comprehensive survey of the legal principles and practices that govern the assessment of damages in civil lawsuits. Beale draws on a wide range of cases to provide readers with a nuanced and insightful view of the challenges and opportunities that arise in this complex and often contentious area of the law. Whether you are a practicing attorney, law student, or simply someone interested in understanding how our legal system seeks to compensate individuals for harm suffered, this book is an invaluable resource. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.


Illustrative Cases on Damages (Classic Reprint)

Illustrative Cases on Damages (Classic Reprint)

Author: Roger W. Cooley

Publisher: Forgotten Books

Published: 2018-02-09

Total Pages: 296

ISBN-13: 9780656138500

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Excerpt from Illustrative Cases on Damages Action by the hewson-herzog Supply Company against the Minnesota Brick Company to recover damages for breach of con tract. On the trial the court below directed the jury to find a ver dict for the plaintiff for Subsequently, on defendant's motion, the court granted a new trial on the ground that the evi dence as to damages was insufficient. From this order the plain tiff appeals. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.


Business Law I Essentials

Business Law I Essentials

Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)

Publisher:

Published: 2019-09-27

Total Pages: 180

ISBN-13: 9781680923025

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A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.


Cases on Damages Selected from Decisions of English and American Courts

Cases on Damages Selected from Decisions of English and American Courts

Author: Floyd Russell Mechem

Publisher: Arkose Press

Published: 2015-10-23

Total Pages: 642

ISBN-13: 9781345211740

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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.