Essential cases on damage / Benedict Winiger ... [et al.] (eds.) ; contributors, Hakan Andersson ... [et al.].

Format:

Book

Contributor:

Winiger, Bénédict.

Andersson, Hakan.

Series:

Digest of European tort law ; v. 2.

Digest of European tort law, 1869-6570 ; v. 2

Language:

English

Subjects (All):

Damages--Europe.

Damages.

Physical Description:

1 online resource (1217 p.)

Place of Publication:

Vienna : De Gruyter, 2011.

Language Note:

English

Summary:

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 in26 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.

Contents:

Frontmatter

Preface

Overview

Table of Contents

Abbreviations

Questionnaire Structure

Questionnaire

1. General Overview

2. Objective Value

3. Subjective Value

4. Loss of Working Capacity

5. Primary and Consequential Damage

6. Positive Damage and Loss of Profit

7. Loss of Illicit Profits

8. Damage without any Material Alteration

9. Reliance and Expectation Loss

10. Alteration of a Good or Diminution of its Value

11. Non-Pecuniary Damage in General

12. Non-Pecuniary Consequential Damage

13. Non-Pecuniary Damage without Harm

14. Value of Affection

15. Loss of Enjoyment

16. Frustration

17. Loss of Use

18. 'Grey Area' between Pecuniary and Non-Pecuniary Damage

19. Additional Categories Apart from Pecuniary and Non-Pecuniary Loss

20. Wrongful Conception

21. Wrongful Birth

22. Wrongful Life

23. Environmental Damage

24. Collective Damage

25. Mere Exposure to a Danger

26. Loss of a Chance as Damage

27. Further Categories

28. Others

Contributors

Index

Publications

Overview. Reports

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 08. Jul 2019)

ISBN:

9786613399816

9781283399814

1283399814

9783110248494

3110248492

OCLC:

769343074