Tort Law in the European Union

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Release : 2018-06-14
Genre : Law
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Book Rating : 719/5 ( reviews)

Tort Law in the European Union - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Tort Law in the European Union write by Gert Brüggemeier. This book was released on 2018-06-14. Tort Law in the European Union available in PDF, EPUB and Kindle. Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the European Union. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in the European Union. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Research Handbook on EU Tort Law

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Release : 2017-10-27
Genre : Law
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Book Rating : 72X/5 ( reviews)

Research Handbook on EU Tort Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Research Handbook on EU Tort Law write by Paula Giliker. This book was released on 2017-10-27. Research Handbook on EU Tort Law available in PDF, EPUB and Kindle. The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.

European Intermediary Liability in Copyright: A Tort-Based Analysis

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Release : 2016-09-15
Genre : Law
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Book Rating : 419/5 ( reviews)

European Intermediary Liability in Copyright: A Tort-Based Analysis - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook European Intermediary Liability in Copyright: A Tort-Based Analysis write by Christina Angelopoulos. This book was released on 2016-09-15. European Intermediary Liability in Copyright: A Tort-Based Analysis available in PDF, EPUB and Kindle. In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.

European Tort Law

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Release : 2013-03-21
Genre : Law
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Book Rating : 261/5 ( reviews)

European Tort Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook European Tort Law write by C. C. van Dam. This book was released on 2013-03-21. European Tort Law available in PDF, EPUB and Kindle. This textbook provides insight into the differences commonalities and mutual influece of the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, EU law, and human rights law.

Tort Liability of Public Authorities in European Laws

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Release : 2020-12-15
Genre : Law
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Book Rating : 606/5 ( reviews)

Tort Liability of Public Authorities in European Laws - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Tort Liability of Public Authorities in European Laws write by Giacinto della Cananea. This book was released on 2020-12-15. Tort Liability of Public Authorities in European Laws available in PDF, EPUB and Kindle. This series argues that there is a common administrative core to European legal systems that can be better understood in comparative terms. This volume examines government liability in tort, using case studies to explore different government responses. Part I sets the stage for the project and the parameters followed by the scholars involved. Part II expands on the legal systems chosen for comparison, setting up their general tort procedures. Part III presents case studies from Austria, the European Union, France, Germany, Hungary, Italy, Poland, Romania, Spain, Switzerland, and the United Kingdom. Each case study has a theoretical response detailing what would happen should that case occur within each country's borders. Part IV compares and contrasts the information provided in Part III. It examines both the commonalities and the distinctive traits of these legal systems, with a view to understand the nature of their 'common core'. This volume is an essential tool for anyone involved in administrative and constitutional law and government liability in tort.