Download or read book Comparative Studies on Business Tort Litigation written by Rolf Stürner and published by . This book was released on 2011 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Tort Law written by Mauro Bussani and published by Edward Elgar Publishing. This book was released on 2015-08-28 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Tort Law: Global Perspectives provides a framework for analyzing and understanding the current state of tort law in most of the world's legal systems. The book examines tort law theories and cultures through a comparative methodology. It l
Download or read book Comparative Company Law written by Mathias Siems and published by Bloomsbury Publishing. This book was released on 2018-09-20 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: As attention moves rapidly towards comparative approaches, the research and teaching of company law has somehow lagged behind. The overall purpose of this book is therefore to fill a gap in the literature by identifying whether conceptual differences between countries exist. Rather than concentrate on whether the institutional structure of the corporation varies across jurisdictions, the objective of this book will be pursued by focusing on specific cases and how different countries might treat each of these cases. The book also has a public policy dimension, because the existence or absence of differences may lead to the question of whether formal harmonisation of company law is necessary. The book covers 12 legal systems from different legal traditions and from different parts of the world (though with a special emphasis on European countries). In alphabetical order, those countries are: Finland, France, Germany, Italy, Japan, Latvia, the Netherlands, Poland, South Africa, Spain, the UK, and the US. All of these jurisdictions are subjected to scrutiny by deploying a comparative case-based study. On the basis of these case solutions, various conclusions are reached, some of which challenge established orthodoxies in the field of comparative company law.
Download or read book Tort Liability in Multinational Corporate Groups written by Pınar Kara and published by Springer Nature. This book was released on 2023-06-18 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multinational corporate groups are important actors in today’s global economy, with the power to impact the masses through their activities. National legal systems, which usually have no extraterritorial authority, remain insufficient to regulate the activities of multinational corporate groups, which operate worldwide, not only in the countries where the parent companies reside (home country), but also in countries where the subsidiaries operate (host countries). The mentioned lack of an effective legislation leads to an unjust imbalance – to the benefit of multinational corporate groups and to the detriment, especially, of involuntary creditors, such as tort victims of corporate activities, which predominantly concern human rights abuses and environmental violations. Against this backdrop, the book firstly assesses the position of multinational corporate groups in international law and then discusses potential reforms to corporate law that would allow for a multi-stakeholder approach. It analyses certain aspects of Turkish tort law that could potentially accommodate liability claims against the parent companies of multinational corporate groups for damage incurred due to their transnational subsidiaries’ activities (referred to as ‘foreign direct liability’ in legal doctrine). To this end, the potential legal grounds of fault liability and strict liability are assessed under Turkish law, with a particular focus on the duty of care, in comparison with the corresponding case law in the UK and the Netherlands. Mandatory human rights due diligence is also analysed with a view to proposing a new regulation in Turkish law. Lastly, the aspects of foreign direct liability claims related to private international law are assessed in order to answer the questions of jurisdiction and applicable law within the scope of a comparative legal study.
Download or read book International Law and Business written by Bart Wernaart and published by BRILL. This book was released on 2024-07-25 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces law in the context of international business. The basics of law are explored using a clear comparative methodology. International and regional economic institutions are discussed, next to the fundaments of private law. These include contract law, liability law, labour law, company law, privacy law, intellectual property law and international private law. The book goes beyond the usual focus on Western legal systems and uses examples from all over the world to provide students with comprehensive knowledge of business law. It is set up rather broadly, so that it can be used by teachers throughout their entire curriculum. Each chapter ends with a clear summary. With its colourful cases, this book is accessible and fun to read.
Download or read book European Intermediary Liability in Copyright A Tort Based Analysis written by Christina Angelopoulos and published by Kluwer Law International B.V.. This book was released on 2016-09-15 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Business Torts Litigation written by Ann E. Georgehead and published by American Bar Association. This book was released on 2005 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A litigator's guide to current business torts law, this book provides a concise review of - or introduction to - the important issues, general rules, and major exceptions to the rules in each of the major business torts subjects areas, along with practical guidance through the situations you are likely to encounter in assessing, preparing and presenting a case."--BOOK JACKET.
Download or read book Comparative Tort Law written by Thomas Kadner Graziano and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book promotes a learning by doing approach to comparative tort law. Students are invited to solve a scenario according to the laws of several jurisdictions and to reflect upon the most appropriate approach and solution.
Download or read book The Development of Liability Between Neighbours written by James Gordley and published by . This book was released on 2010 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the extent to which social and economic changes have had an impact on tortuous liability.
Download or read book The Development of Product Liability written by Simon Whittaker and published by . This book was released on 2010 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of western-European legal systems demonstrates how tort law has adapted to meet new market conditions.
Download or read book Making Tort Law written by Charles Fried and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The expansive application of tort law to business enterprise has established courts as regulators of the safety and supply of virtually all mass-produced goods and services, including those such as prescription drugs and medical care, upon which the lives and livelihood of most people depend. With the annual social overhead for tort litigation ranging into the hundreds of billions and less than 40% of the expenditure reaching injured plaintiffs, this tremendously expensive system imposes a heavy social burden, including all of the consequences for individual welfare when businesses pass through their litigation costs in lower employment and wages and higher priced and fewer products and services. The question naturally arises: what does society get in return? In this book, the authors develop and rigorously subject the tort system to a theoretically sound and thoroughly realistic mode of normative analysis. Starting from the premise that tort law should be designed to promote the well-being of individuals according to the system they would choose before knowing whether they are victims or beneficiaries of the processes of production and the legal system, the authors show that if given the opportunity, individuals would prefer a legal regime that reduced total accident costs to a minimum. In view of this standard, the authors critically examine the most salient of the aims professed for tort liability: preventing socially inappropriate risk-taking; insuring consumers and others at risk against accident loss; redistributing wealth from well-heeled businesses to less well-off accident victims; and vindicating individual rights of plaintiffs to a "day in court" and "corrective justice." The authors conclude that, with appropriate reforms, the system of tort liability can usefully serve a deterrence function, complementing administrative regulation, bargaining and reputational effects of the marketplace, and other social forces to prevent businesses from taking unreasonable risks. In short, tort law may effectively "smoke out" and sanction abuses and inefficiencies in the mass production, distribution, and use of products and services, and thereby aid in deterring them. However, the authors demonstrate the superiority of legislatures in providing social insurance and redistributing wealth progressively, and emphatically reject tort law as a patently wasteful, ineffective, and unnecessary means of securing accident insurance or wealth redistribution. They also dismiss deontological assertions concerning the vindication of individual process rights as sentimental and distracting myths - precisely because these justifications demand the allocation of legal and other social resources regardless of the adverse effects on individual well-being. Having identified deterrence of unreasonable risk as the primary function of tort law, Fried and Rosenberg then elaborate a practical program of system-wide and specific reforms of tort law to facilitate its deterrence function. Among the most important issues addressed are those concerning the timing of judicial intervention, scope of sanctions, and scale of enforcement and the related questions about predicating liability solely on risk, the relative benefits of strict liability versus negligence and contributory versus comparative negligence, and the warrant for non-pecuniary and punitive damages. The book's further contribution is in conducting a comparative information-cost analysis to derive guidelines and "default" rules for allocating the tasks of devising and implementing reforms to legislatures and courts, according to the institution best suited to take the lawmaking initiative.
Download or read book Advanced and Business Tort Law written by Arthur Best and published by Aspen Publishing. This book was released on 2023 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Casebook with problems for law school students enrolled in Advanced Torts or Business Torts courses"--
Download or read book Business Torts written by Morton F. Daller and published by Wolters Kluwer. This book was released on 2012-12-20 with total page 1044 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a great wealth of diversity in the business tort laws of allfifty states and the District of Columbia. In addition to the very significantdifferences in the statutes of limitation, other significant differencesinclude:Some states have not recognized a cause of action for negligent interferencewith an economic advantage.Negligent misrepresentation in one state is limited to claims against personsin the business of supplying information to others.One state recognizes a cause of action for "strict responsibilitymisrepresentation."Another state recognizes claims of "prima facie tort" for wrongs that do notfit into traditional tort categories.And these are only a few examples of the more significant differences.The new 2013 Edition of Business Torts: A Fifty-State Guidehelps you quickly assess the merits and pitfalls of litigation in any givenjurisdiction allowing you to make the best decisions for your clients.
Download or read book The Development of Traffic Liability written by Wolfgang Ernst and published by . This book was released on 2010 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rail and road accidents are examples of new sources of harm, particularly personal injury, which arose almost simultaneously across Western Europe. The area of rail accidents provides early examples of a move away from fault liability in certain countries, but not in others. Although statutory regulation and extra-statutory standards form part of the context of liability, private law actions for damages and the plasticity of fault ideas remain central to the law's response. Insurance determines the relative importance of private law actions. Traffic liability is a field in which different solutions have been developed by different legal systems. For example, while France developed strict liability in the 1920s and 1930s and no-fault liability in 1985, English law has remained wedded to fault. The stability of each legal solution suggests that the background insurance position has been settled in the different countries, albeit in differing ways.
Download or read book An Introduction to the Comparative Study of Private Law written by James Gordley and published by Cambridge University Press. This book was released on 2021-01-28 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.
Download or read book Business Torts A Fifty State Guide 2017 Edition IL written by Daller and published by Wolters Kluwer. This book was released on 2016-12-21 with total page 1170 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a great wealth of diversity in the business tort laws of all fifty states and the District of Columbia. The new 2017 Edition of Business Torts: A Fifty-State Guide helps you quickly assess the merits and pitfalls of litigation in any given jurisdiction allowing you to make the best decisions for your clients. In addition to the very significant differences in the statutes of limitation, other significant differences include: Some states have not recognized a cause of action for negligent interference with an economic advantage. Negligent misrepresentation in one state is limited to claims against persons in the business of supplying information to others. One state recognizes a cause of action for -strict responsibility misrepresentation.- Another state recognizes claims of -prima facie tort- for wrongs that do not fit into traditional tort categories. And these are only a few examples of the more significant differences.
Download or read book Comparative Analysis Law written by Katharina Schoenhoff and published by GRIN Verlag. This book was released on 2013-03-18 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2012 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1,0, Anglia Ruskin University (Lord Ashroft International Business School), course: Comparative Business Law, language: English, abstract: In this paper Germany and the United Kingdom are comparatively analysed. The focus is on breach of duty as a part of negligence whose other aspects will be shortly illustrated as well. The aim of the paper is to show the differences between common law and civil law states by comparing a case that deals with the chosen aspect. The case that will be analysed deals with an accident in a wall climbing centre. It will be discussed if the centre acted negligent for omitted instructions to the customer. It will become clear that even though contributory action of the customer is considered the club still breached its duty to take reasonable care. Moreover the English case will be applied under the German procedure. Again, the club will be held liable for breaching its duty of care. Based on the analysis of the case under both legal systems the similarities and differences will be explained.
