Essential cases on misconduct / Benedict Winiger, Ernst Karner, Ken Oliphant (editors) ; contributors, Iza Addrych-Brzezinska [and fifty four others].

Format:

Book

Contributor:

Winiger, Bénédict, editor.

Karner, Ernst, editor.

Oliphant, Ken, editor.

Addrych-Brzezinska, Iza, contributor.

Series:

Digest of European tort law ; Volume 3.

Digest of European Tort Law ; Volume 3

Language:

English

Subjects (All):

Torts--Europe.

Torts.

Torts--Europe--Cases.

Damages--Europe.

Damages.

Proximate cause (Law)--Europe.

Proximate cause (Law).

Physical Description:

1 online resource (1,316 pages).

Edition:

1st ed.

Place of Publication:

Berlin, [Germany] ; Boston, [Massachusetts] : De Gruyter, 2018.

Language Note:

In English.

Summary:

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.

Contents:

Frontmatter

Preface

Overview

Table of Contents

Abbreviations

Questionnaire Structure

A. Introduction

1. General Overview

B. The Nature of the Misconduct Required

2. Forms of Misconduct

C. The Required Standard of Conduct

3. Criteria for Assessment

4. The Relevance of Statutory Norms

5. The Relevance of Non-Statutory Norms

D. An Objective or Subjective Standard?

6. Special Skill or Expertise

7. Inexperience or Lack of Skill

8. Age

9. Physical Disability

10. Mental Disability

11. Incapacity due to Drugs or Alcohol

12. Incapacity due to Other Transient Factors

E. Degrees of Misconduct

13. Degrees of Misconduct

F. Grounds of Justification

14. Self-Defence and Other Grounds of Justification

15. Self-Defence against Non-Misconduct

G. Other Issues

16. Additional Questions

Contributors

Publications

Index

Notes:

Includes index.

Description based on print version record.

ISBN:

9783110535679

OCLC:

1024025859