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Continental Europe’s Codified Law of Delict

Christian Von Bar

in The Common European Law of Torts: Volume One

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198260561
eISBN:
9780191682117
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260561.003.0002
Subject:
Law, EU Law

Every European nation with a codified civil law has devoted a complete section of it to the law of delict. Of these states, those currently belonging to the EU are: Belgium, Germany, France, Italy, ... More


Primary and Secondary Remedies in International Investment Law and National State Liability: A Functional and Comparative View

Anne van Aaken

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0023
Subject:
Law, Constitutional and Administrative Law, Public International Law

International investment law creates an international level of review for (illegal) national regulations and laws and the conduct of administrative entities for foreign investors. It is state ... More


The Creation and Maintenance of the EEC Directive on Liability for Defective Products and the Process of its Implementation in the UK and France

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0016
Subject:
Law, Comparative Law

This chapter looks in turn at the background to the Product Liability Directive and the key decisions of the European Court of Justice in 2002, which declared that its purpose was to effect ‘complete ... More


Unity in the Law of Torts and Contracts

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0007
Subject:
Law, Comparative Law

This chapter deals with the problem of providing efficient incentives for the promisor and promisee simultaneously and repurposes the model of torts in a way that unifies tort law and contract law. ... More


Philosophy of Private Law

William Lucy

Published in print:
2006
Published Online:
January 2010
ISBN:
9780198700685
eISBN:
9780191706745
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198700685.001.0001
Subject:
Law, Philosophy of Law

On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we ... More


The Patterns of Liability

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0018
Subject:
Law, Comparative Law

This chapter attempts to explain how implementation of the Product Liability Directive has affected the patterns of liability within French and English law. It does so under three main headings ... More


Law of Torts

Hiroshi Oda

in Japanese Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199232185
eISBN:
9780191705335
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232185.003.0010
Subject:
Law, Comparative Law

This chapter discusses Japanese tort law. Topics covered include the development of tort law, general rules of tort law, scope of losses, special provisions on tort liability, joint liability, ... More


General Conclusion

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0020
Subject:
Law, Comparative Law

This chapter offers more general conclusions to the work as a whole in terms of the relationships between the broad bodies of law under consideration and any lessons to be drawn for the harmonisation ... More


A Closer Look at the Product Liability Directive

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0017
Subject:
Law, Comparative Law

This chapter explores the Product Liability Directive’s provisions in more detail, looking at how they have been implemented and interpreted by French and English lawyers. In the case of French law, ... More


Introduction to the Private and Public Laws of Liability in France

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0002
Subject:
Law, Comparative Law

French law is famous for the sharpness with which it draws the distinction between private law and public (and particularly administrative) law, revealed at the level of the courts’ jurisdiction, as ... More


Introduction to Private and Public Liability in English Law

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0008
Subject:
Law, Comparative Law

At a formal level, the English law of liability is at once more unified and more fragmented than its French counterpart. It is more unified because English law does not traditionally distinguish an ... More


A Concise History of the Law of State Responsibility and Reparation in International Law

Borzu Sabahi

in Compensation and Restitution in Investor-State Arbitration: Principles and Practice

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199601189
eISBN:
9780191729201
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199601189.003.0002
Subject:
Law, Public International Law, Company and Commercial Law

The modern doctrines of State responsibility and reparation are the result of more than 2,000 years of human thought. This chapter traces the history of some of the most important components of State ... More


The Consumer Guarantees Directive and its Implementation in French and English Law

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0019
Subject:
Law, Comparative Law

The second European directive that impacts significantly on liability for products is the Directive on certain aspects of the sale of consumer goods and associated guarantees enacted in May 1999, ... More


Droit Administratif and Liability for Products

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0006
Subject:
Law, Comparative Law

This chapter explains how administrative law may govern liability for products. It starts by looking briefly at how liability for fault may govern liability for products and explain why the ... More


Public Services, Service Public and Liability for Products

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0007
Subject:
Law, Comparative Law

This chapter explores further the involvement of public elements in French law’s approach to liability for products. It starts by explaining how French law distinguishes between different categories ... More


Droit Privé: The Law of Sale

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0004
Subject:
Law, Comparative Law

Even before implementation of the Consumer Guarantees Directive, French law possessed six distinct conceptual bases for finding a seller liable to his buyer in respect of failures of safety, quality, ... More


English Law: Recurrent Themes and Endemic Casuistry

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0013
Subject:
Law, Comparative Law

This chapter is concerned with liability in the administration for failures to regulate or control product safety in English law. Firstly, it explains how the sources of power in English ... More


Droit Privé: Delictual Liability for Fault and for the ‘Deeds of Things’

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0003
Subject:
Law, Comparative Law

How does liability for products fit into the traditional picture of the private law of delict? The answer is by no means straightforward, but there are two key points. First, liability for delictual ... More


Does Product Liability Law Make Us Safer?

W. Kip Viscusi

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0006
Subject:
Political Science, American Politics

This chapter argues that product liability law does not result in safer products. Because new products pose novel risks, the court's task of assessing innovative products entails more problematic ... More


Droit Privé: Liability for the Provision of Services Involving Products

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0005
Subject:
Law, Comparative Law

This chapter looks at how French private law governs the liabilities of a number of other categories of person for products which are involved in the provision of a service in a very broad sense. ... More


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