ABSTRACT

Comparative Tort Law promotes a ‘learning by doing’ approach to comparative tort law and comparative methodology. Each chapter starts with a case scenario followed by questions and expertly selected material, such as: legislation, extracts of case law, soft law principles, and (where appropriate) extracts of legal doctrine. Using this material, students are invited to:

• solve the proposed scenario according to the laws of several jurisdictions;

• compare the approaches and solutions they have identified;

• evaluate their respective pros and cons; and

• reflect upon the most appropriate approach and solution.

This book is essential reading for all students and scholars of comparative tort law and comparative law methodology and is the ideal companion for those wishing to both familiarise themselves with real-world materials and understand the many diverse approaches to modern tort law.

part B|541 pages

Case studies

chapter 6|43 pages

Fault-based liability and the required standard of care

The case of damage caused by minors 1

chapter 7|34 pages

Fault-based liability in action

Challenges of establishing fault (and alternative regimes) – the example of sports accidents

chapter 8|37 pages

Liability without fault – a ruptured water main

Casum sentit dominus? 1

chapter 9|48 pages

Most common cases

Traffic accidents

chapter 11|26 pages

Damage suffered by secondary victims

The case of psychiatric injury, “nervous shock”, or “post-traumatic stress disorder (PTSD)” following the loss or severe injury of a loved one

chapter 12|46 pages

Damage suffered by secondary victims

Damages for pure emotional harm following the loss or severe injury of a loved one

chapter 14|30 pages

Pure economic loss

The case of liability for wrongful information and advice

chapter 16|38 pages

Damage to public goods

The case of damage to the environment, pure ecological damage in particular

chapter 18|22 pages

Cross-border torts

Coordinating legal diversity through Private International Law – an introduction

chapter 19|18 pages

Epilogue

Tort law in context – and potential alternatives to tort liability