The Boundaries Of Strict Liability In European Tort Law

This textbook provides insight into the differences commonalities and mutual influece of the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, EU law, and human rights law.

The foundations of tort law in European legal systems differ considerably. A group of tort law experts, the "European Group on Tort Law", systematically researches the most fundamental questions underlying the various tort law systems. Their work is contained in this series of books, which seeks a common law of Europe without the need to lay these principles down in formal legal texts, such as a European civil code.

The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.

Covers various European countries, Israel, South Africa, and the United States.

All European legal systems recognise a boundary between the domains of tort and contract. While there have been voices contending that this distinction is no longer valid or at least that there should be a unification of the two sets of rules in particular contexts, others claim that there is still a very important distinction to be maintained. In fact the boundary between the two areas is often blurred and whether it is drawn in one place or another varies from country to country, giving rise to the paradox that what is considered a matter of contractual liability in one legal system is governed exclusively by tort law in another. This volume explores how differences between tort and contract affect the foundations of liability, the nature and amount of the compensation, the extent of liability and whether defences and limitation periods corresponding to the distinct causes of action give rise to substantially different outcomes. It also analyses to what extent actions in tort and in contract exclude each other and, when this is the case, how their concurrence is organised. Lastly it devotes its attention to specific situations such as pre-contractual liability and the liability of professionals.

Covers various European countries, Israel, South Africa, and the United States.