Grounds Of Liability
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Tort Law In France
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Author : Jonas Knetsch
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-08-20
Tort Law In France written by Jonas Knetsch and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-20 with Law categories.
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 France. 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. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. 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 France. 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.
Liability Of Corporate Groups And Networks
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Author : Christian A. Witting
language : en
Publisher: Cambridge University Press
Release Date : 2018-01-11
Liability Of Corporate Groups And Networks written by Christian A. Witting and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-11 with Business & Economics categories.
Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.
Tort Law In Belgium
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Author : Marc Kruithof
language : en
Publisher: Kluwer Law International
Release Date : 2018-05-11
Tort Law In Belgium written by Marc Kruithof and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-11 with categories.
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 Belgium. 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 Belgium. 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.
Causation In European Tort Law
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Author : Marta Infantino
language : en
Publisher: Cambridge University Press
Release Date : 2017-12-28
Causation In European Tort Law written by Marta Infantino and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-28 with Law categories.
This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.
To Do To Die To Reason Why
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Author : Victor Tadros
language : en
Publisher: Oxford University Press
Release Date : 2020-06-18
To Do To Die To Reason Why written by Victor Tadros and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-18 with Philosophy categories.
To Do, To Die, To Reason Why offers a new account of the ethics of war and the legal regulation of war. It is especially concerned with the conduct of individuals, including whether they are required to follow orders to go to war, what moral constraints there are on killing in war, what makes people liable to be killed in war, and the extent to which the laws of war ought to reflect the morality of war. Victor Tadros defends a largely anti-authority view about the morality of war, and notable moral constraints on killing in war, such as the Doctrine of Doing and Allowing and a version of the Doctrine of Double Effect. However, he argues that a much wider range of people are liable to be harmed or killed in war than is normally thought to be the case, on grounds of both causal involvement and fairness. And it argues that the laws of war should converge much more closely with the morality of war than is currently the case.
Precontractual Liability In European Private Law
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Author : John Cartwright
language : en
Publisher: Cambridge University Press
Release Date : 2008
Precontractual Liability In European Private Law written by John Cartwright and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
This volume outlines European perspectives on the liability which may follow a break-off of precontractual negotiations.
Oxford Handbook Of Online Intermediary Liability
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Author : Giancarlo Frosio
language : en
Publisher: Oxford University Press
Release Date : 2020-05-04
Oxford Handbook Of Online Intermediary Liability written by Giancarlo Frosio and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-04 with Law categories.
To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Intermediary Liability Online is designed to provide a comprehensive, authoritative and 'state-of-the-art' discussion of by highlighting emerging trends. This book discusses fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends. Sections I and II provide a taxonomy of internet platforms, a general discussion of possible basis for liability and remedies, while putting into context intermediary liability regulation with fundamental rights and the ethical implications of the intermediaries' role. Section III presents a jurisdictional overview discussing intermediary liability safe harbour arrangements and highlighting issues with systemic fragmentation and miscellaneous inconsistent approaches. Mapping online intermediary liability worldwide entails the review of a wide-ranging topic, stretching into many different areas of law and domain-specific solutions. Section IV provides an overview of intermediate liability for copyright, trademark, and privacy infringement, together with Internet platforms' obligations and liabilities for defamation, hate and dangerous speech. Section V reviews intermediary liability enforcement strategies by focusing on emerging trends, including proactive monitoring obligations across the entire spectrum of intermediary liability subject matters, blocking orders against innocent third parties, and the emergence of administrative enforcement of intermediary liability online. In addition, Section VI discusses an additional core emerging trend in intermediary liability enforcement: voluntary measures and private ordering. Finally, international private law issues are addressed in Section VII with special emphasis on the international struggle over Internet jurisdiction and extra-territorial enforcement of intermediaries' obligations.
The Structure Of Tort Law
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Author : Nils Jansen
language : en
Publisher: Oxford University Press
Release Date : 2021-12-17
The Structure Of Tort Law written by Nils Jansen and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-17 with Law categories.
This English translation makes available to anglophone readers a modern classic of German tort theory. It argues that modern German tort law is faced with doctrinal tensions based on problematic theoretical assumptions which stem from historical conceptions of tortious liability, inappropriate to modern times. From a theoretical perspective, it argues against the prevalent doctrinal view in Germany that conceives of tortious liability as split between two tracks - a fault-based track and a strict liability track - each with different normative foundations. Instead, Jansen asserts that there is no rigid distinction between the normative foundations of each form of liability. Rather, both fault liability and strict liability in German law, and indeed other European systems, are best considered as resting upon the unifying theoretical structure of outcome responsibility. The book thus places responsibility rather than wrongdoing at the centre of the normative foundations of tort law. Historically, the book traces in detail how conceptions of tort liability have changed from Roman law to contemporary legal doctrine. It shows how particular historical understandings of the normative basis of tort law have led to continuing normative tensions in contemporary doctrine. Finally, the book examines how a reconstruction of modern German - and, indeed, European - law as based upon outcome responsibility should affect its doctrinal structure. This book makes contributions to the study of the theory, history, and doctrinal structure of tort law. While drawing on and explaining German tort law, its comparative, theoretical, and historical analysis will be of interest to scholars in all legal systems.
Criminal Law In Poland
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Author : Wojciech Jasiński
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-07-10
Criminal Law In Poland written by Wojciech Jasiński and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-10 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Poland. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Poland. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.
The Legacy Of Ronald Dworkin
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Author : Wilfrid J. Waluchow
language : en
Publisher: Oxford University Press
Release Date : 2016
The Legacy Of Ronald Dworkin written by Wilfrid J. Waluchow and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
This book comprises sixteen papers selected from the 2014 McMaster University Philosophy of Law Conference (lawconf.mcmaster.ca) on the legacy of Ronald Dworkin (lawconf.mcmaster.ca). These pieces touch upon many aspects of Ronald Dworkin?s wide-ranging contributions to philosophy and jurisprudence, including his theory of value, political philosophy, moral philosophy, philosophy of international law, and legal philosophy. The book?s organizing principle and theme reflects Dworkin?s self-conception as a builder of a unified theory of value. Part I addresses the most abstract and general aspect of Dworkin?s work?the unity of value thesis. Part II comprises works that address themes from Dworkin?s political philosophy, including his discussions of authority, civil disobedience, the legitimacy of states and the international legal system, distributive justice, collective responsibility, and Dworkin?s master value of dignity and the associated values of equality, and respect. Part III addresses various aspects of Dworkin?s general theory of law. Part IV comprises pieces that offer accounts of the structure and defining values of discrete areas of law, including constitutional law, the law of contract, and procedural law.