Essential Cases on Damage
  1. 1,214 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

About this book

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 in
26 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.

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Yes, you can access Essential Cases on Damage by Benedict Winiger, Helmut Koziol, Bernhard A. Koch, Reinhard Zimmermann, Benedict Winiger,Helmut Koziol,Bernhard A. Koch,Reinhard Zimmermann in PDF and/or ePUB format, as well as other popular books in Jura & Völkerrecht. We have over one million books available in our catalogue for you to explore.

Information

Publisher
De Gruyter
Year
2011
Print ISBN
9783110248487
eBook ISBN
9783110248494
Edition
1
Topic
Jura
Subtopic
Völkerrecht

Table of contents

  1. Preface
  2. Overview
  3. Abbreviations
  4. Questionnaire Structure
  5. Questionnaire
  6. 1. General Overview
  7. 2. Objective Value
  8. 3. Subjective Value
  9. 4. Loss of Working Capacity
  10. 5. Primary and Consequential Damage
  11. 6. Positive Damage and Loss of Profit
  12. 7. Loss of Illicit Profits
  13. 8. Damage without any Material Alteration
  14. 9. Reliance and Expectation Loss
  15. 10. Alteration of a Good or Diminution of its Value
  16. 11. Non-Pecuniary Damage in General
  17. 12. Non-Pecuniary Consequential Damage
  18. 13. Non-Pecuniary Damage without Harm
  19. 14. Value of Affection
  20. 15. Loss of Enjoyment
  21. 16. Frustration
  22. 17. Loss of Use
  23. 18. ‘Grey Area’ between Pecuniary and Non-Pecuniary Damage
  24. 19. Additional Categories Apart from Pecuniary and Non-Pecuniary Loss
  25. 20. Wrongful Conception
  26. 21. Wrongful Birth
  27. 22. Wrongful Life
  28. 23. Environmental Damage
  29. 24. Collective Damage
  30. 25. Mere Exposure to a Danger
  31. 26. Loss of a Chance as Damage
  32. 27. Further Categories
  33. 28. Others
  34. Contributors
  35. Index
  36. Publications