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Author: Ken Oliphant
Publisher:
Published: 2016
Total Pages: 0
ISBN-13: 9781780682389
DOWNLOAD EBOOKThis study explores the understanding of the law of extra-contractual liability as it applies to public authorities in the legal systems of Europe (and selected non-European jurisdictions).
Author: Duncan Fairgrieve
Publisher: British Institute for International & Comparative Law
Published: 2002
Total Pages: 624
ISBN-13:
DOWNLOAD EBOOKThis book examines the law on compensation for administrative wrongdoing from a comparative law perspective. Particular account is taken of the increasing influence of human rights law, European Community law and international law.
Author: Giacinto della Cananea
Publisher: Oxford University Press, USA
Published: 2021-01-15
Total Pages: 401
ISBN-13: 0198867557
DOWNLOAD EBOOKAdministrative law permeates all areas of law, and this series focuses on its role both regionally and globally. This volume considers tort liabilities in European public authorities. It looks at several European countries, using case studies to compare administrative laws across the EU.
Author: Paula Giliker
Publisher: Cambridge University Press
Published: 2010-10-28
Total Pages: 331
ISBN-13: 1139493078
DOWNLOAD EBOOKVicarious 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.
Author: Cherie Booth
Publisher: Oxford University Press, USA
Published: 2006
Total Pages: 0
ISBN-13: 9780199265411
DOWNLOAD EBOOKThis is a thorough account of the law on the negligence liability of public authorities, providing practical guidance as well as a clear analysis of this developing area of law.
Author: Jean-Sébastien Borghetti
Publisher: Bloomsbury Publishing
Published: 2019-12-26
Total Pages: 548
ISBN-13: 150992728X
DOWNLOAD EBOOKThe French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.
Author: Ewa Bagińska
Publisher: Springer
Published: 2015-10-20
Total Pages: 488
ISBN-13: 3319189506
DOWNLOAD EBOOKThis volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.
Author: Barnali Choudhury
Publisher: Cambridge University Press
Published: 2019-01-10
Total Pages: 387
ISBN-13: 1108421466
DOWNLOAD EBOOKToday's economic and social context demands that corporations - once seen only as private actors - owe duties to the public.
Author: James Gordley
Publisher: Cambridge University Press
Published: 2021-01-28
Total Pages: 735
ISBN-13: 1108835848
DOWNLOAD EBOOKOriginal sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.
Author: Mauro Bussani
Publisher: Edward Elgar Publishing
Published: 2021-02-26
Total Pages: 584
ISBN-13: 1789905982
DOWNLOAD EBOOKThis revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
