Europeanisation of English tort law / Paula Giliker.

Format:

Book

Author/Creator:

Giliker, Paula, author.

Series:

Hart studies in private law ; v. 11.

Hart studies in private law ; v. 11

Language:

English

Subjects (All):

European Court of Human Rights.

Human rights--Europe--History.

Human rights.

Human rights--Great Britain--History.

Law--European Union countries--International unification.

Law.

Law--European Union countries.

Torts--European Union countries.

Torts.

Torts--Great Britain.

Physical Description:

1 online resource (264 p.)

Edition:

1st ed.

Other Title:

Europeanization of English tort law

Place of Publication:

Oxford, United Kingdom ; Portland, Oregon : Hart Publishing, 2014.

Language Note:

English

System Details:

Mode of access: World Wide Web.

Summary:

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?

Contents:

Understanding "Europeanisation" : transplanting European Union and human rights law into domestic law

Breaking down the frontiers : EU law in the English law of torts

The European tort : state liability for breach of European Union law

Tort law and human rights : a European culture of rights?

A right to personal privacy in the English law of torts?

Europeanisation and English tort law : the way forward.

Notes:

Includes index.

Includes bibliographical references and index.

ISBN:

9781474201780

1474201784

9781782253792

1782253793

OCLC:

1154963791