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Implementing the Community Environmental Liability Directive: Genetically Modified Organisms and the Problem of Unknown Risk

Christopher Rodgers

in The Regulation of Genetically Modified Organisms: Comparative Approaches

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199542482
eISBN:
9780191594342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199542482.003.0009
Subject:
Law, Environmental and Energy Law

This chapter assesses the role for environmental liability in the context of the GMOs, with emphasis on the provisions of the Community Environmental Liability Directive. It commences with ... More


Fault and strict liability

Jules L. Coleman

in Risks and Wrongs

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253616
eISBN:
9780191719776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253616.003.0012
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter shows that fault liability based in the injurer's negligence is not ordinarily defeasible by an excuse. In that sense, both fault and strict liability in torts are forms of strict ... More


Fault and Defamation Liability

Dario Milo

in Defamation and Freedom of Speech

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199204922
eISBN:
9780191709449
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204922.003.0006
Subject:
Law, Law of Obligations, Human Rights and Immigration

This chapter explores the issue of fault in defamation law. Part B argues that even before defences such as that of responsible publication developed at common law, the question of whether the ... More


The economic analysis of torts

Jules L. Coleman

in Risks and Wrongs

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253616
eISBN:
9780191719776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253616.003.0013
Subject:
Law, Law of Obligations, Philosophy of Law

Chapter 11 argues that all liability rules have an element of strict liability at their core. If this argument is correct, there may be no defense of the fault principle that is not also a defense of ... More


Lawfully Caused Loss

Duncan Fairgrieve

in State Liability in Tort: A Comparative Law Study

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.003.0005
Subject:
Law, Law of Obligations

This chapter focuses on no-fault liability — damages liability of public authorities when the impugned actions are not unlawful in a public law sense. Lawfully caused loss is more applicable in ... More


Strict Liability

Reinhard Zimmermann

in The Law of Obligations: Roman Foundations of the Civilian Tradition

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198764267
eISBN:
9780191695247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764267.003.0032
Subject:
Law, Law of Obligations

This chapter deals with strict liability, a legal doctrine that makes a person responsible for the damage and loss caused by his acts and omissions regardless of culpability. The first section ... More


Strict Liability

REINHARD ZIMMERMANN and PHILIP SIMPSON

in A History of Private Law in Scotland: Volume 2: Obligations

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299288
eISBN:
9780191685651
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299288.003.0018
Subject:
Law, Constitutional and Administrative Law, Legal History

One of the remarkable achievements of the Roman jurisprudence was the introduction and development of the notion of culpability or fault. Within the context of classical law, culpa had an important ... More


Conclusion

Eric Descheemaeker

in The Division of Wrongs: A Historical Comparative Study

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.003.0009
Subject:
Law, Comparative Law, Law of Obligations

This concluding chapter brings together the different threads of the book, recapitulating how Roman law upheld a strong division between fault-based and no-fault liability; how this division was ... More


Ius Commune

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0006
Subject:
Law, EU Law

This chapter looks at the possibilities and impossibilities of an ius commune, a common European law, particularly in the area of tort law. There has been strong support for discussing the ... More


Intention and Negligence

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0008
Subject:
Law, EU Law

This chapter explores the two aspects of fault liability: intention and negligence, focusing on what these qualifications of personal conduct mean and which role they play in tort law in Europe. ... More


Strict Liability

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0010
Subject:
Law, EU Law

This chapter analyses the concept of strict liability in Europe. It shows that the difference between fault liability and strict liability is a gradual rather than a principle one. When finding ... More


Strict Liability

Cees Van Dam

in European Tort Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199672264
eISBN:
9780191751288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199672264.003.0010
Subject:
Law, Law of Obligations, EU Law

This chapter analyzes the concept of strict liability. It shows that the difference between fault and strict liability is a gradual one rather than one of principle. In fact, most liability rules are ... More


Germany

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0004
Subject:
Law, EU Law

In Germany, tort law is characterised by its systematic approach and its many subtle distinctions. Probably the most characteristic feature of German tort law is judge-made in order to fill lacunae ... More


Intention and Negligence

Cees Van Dam

in European Tort Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199672264
eISBN:
9780191751288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199672264.003.0008
Subject:
Law, Law of Obligations, EU Law

This chapter discusses the requirements of intention and negligence. Liability can exist for both intentional and negligent conduct. These are the two bases for fault liability, which is usually ... More


France

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0003
Subject:
Law, EU Law

In France, tort law is characterised by its broad general principles and its general lack of detail. The rule of strict liability has been developed by the Cour de cassation, which also developed a ... More


France

Cees Van Dam

in European Tort Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199672264
eISBN:
9780191751288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199672264.003.0003
Subject:
Law, Law of Obligations, EU Law

This chapter analyzes French tort law, which is characterized by its broad general principles. Only a few rules govern most of the law of extra-contractual liability and these are laid down in the ... More


Germany

Cees Van Dam

in European Tort Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199672264
eISBN:
9780191751288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199672264.003.0004
Subject:
Law, Law of Obligations, EU Law

This chapter analyzes German tort law, which is characterized by its systematic approach and many subtle distinctions. The most notable feature of German tort law may be the judge-made rules needed ... More


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