Essential Cases on the Limits of Liability

Bénédict Winiger, Bjarte Askeland, Elena Bargelli, Martin Hogg, Ernst Karner

• Publisher: De Gruyter
• Year: 2024
• Topic: Law
• eBook ISBN:
  9783111001524
• Subtopic: Tort Law
• Index: Law

European legal systems have developed a broad range of instruments aimed at limiting liability. These instruments are systematically examined within the present volume, which builds on the experience gathered in the various jurisdictions over the past decades and thereby fills a major gap in tort law literature. The publication contains a selection of the most important cases from 27 states across Europe as well as decisions 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 accompanied by an analytical commentary. In addition, comparative analyses of the reported cases are provided and a special report is dedicated to how key cases 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.

Table of contents

• Title Page
• Copyright
• Contents
• Abbreviations
• Questionnaire
• A. Introduction
• B. Foreseeable and Unforeseeable Consequences
• C. Protective Purpose of the Rule and Equivalent Concepts
• D. Losses and Additional Losses as a Result of Subsequent Conduct or Other Event
• E. Reduction Clauses
• F. Other Issues
• Index