Download or read book Tortious Liability for Unintentional Harm in the Common Law and the Civil Law Volume II Materials written by F. H. Lawson and published by CUP Archive. This book was released on 1982-09-16 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Mauritius Reports written by Mauritius. Supreme Court and published by . This book was released on 1977 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Sourcebook on French Law written by David Pollard and published by Routledge. This book was released on 1998 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary sources in this work include the constitution and related documents, extracts from codes, statutes and regulations, decisions of the courts - ranging from classic leading cases to everyday situations which are the typical fare of the lowest courts - and notes and commentaries by leading French academics and practitioners.

Download or read book Vicarious Liability in Tort written by Paula Giliker and published by Cambridge University Press. This book was released on 2010-10-28 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.

Download or read book Causation in European Tort Law written by Marta Infantino and published by Cambridge University Press. This book was released on 2017-12-28 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Download or read book Essential Cases on Misconduct written by Benedict Winiger and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-01-22 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.

Download or read book Basic Questions of Tort Law from a Comparative Perspective written by Helmut Koziol and published by . This book was released on 2015 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book I Uridicheskie nauki written by and published by . This book was released on 1975 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Fundamental Concept of Crime in International Criminal Law written by Iryna Marchuk and published by Springer Science & Business Media. This book was released on 2013-07-29 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

Download or read book Winfield and Jolowicz on Tort written by W. V. H. Rogers and published by . This book was released on 2006 with total page 1143 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors focus on English law but cover significant developments in Commonwealth countries, and, where appropriate, European systems of tort law. They offer an understanding of the purpose of tort law and also detail the rules and principles that make up tort law and explain how the law has developed.

Download or read book Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

Download or read book Government Liability in Tort written by Edwin Montefiore Borchard and published by . This book was released on 1924 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Governmental Liability written by United Kingdom National Committee of Comparative Law and published by British Institute for International & Comparative Law. This book was released on 1991 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to study how a dozen legal systems have dealt with the problem of providing a financial remedy for individuals who have suffered injury of loss as a result of government activity. The original inspiration for the book came from a collquium on the subject of governmental liability, compensation and the law of civil wrongs, held at Birmingham University in September 1985 under the auspices of the UK National Committee for Comparative Law.

Download or read book Boilerplate Clauses International Commercial Contracts and the Applicable Law written by Giuditta Cordero-Moss and published by Cambridge University Press. This book was released on 2011-03-17 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.

Download or read book Beating the Fascists written by Eve Rosenhaft and published by Cambridge University Press. This book was released on 1983-08-25 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Eve Rosenhaft examines the involvement of Communists in political violence during the years of Hitler's rise to power in Germany (1929-33). Specifically, she aims to account for their participation in `street-fighting' or 'gang-fighting' with National Socialist storm-troopers. The origins of this conflict are examined at two levels. First Dr Rosenhaft analyses the official policy of the Communist Party towards fascism and Nazism, and the special anti-fascist and self-defence organizations which it developed. Among the aspects of Communist policy that are explored are the relation between the international confrontation between Communists and Social Democrats as claimants to lead the left, and the implications of this dispute in German politics; the ideological difficulties in the implementation of Communist policy in a period of economic dislocation; and the organizational problems posed by the fight against fascism. Dr Rosenhaft then explores the attitudes and experience of the Communist rank and file engaged in the struggle against fascism, concentrating on the city of Berlin, where a fierce contest for control of the streets was waged.

Download or read book Life Interpretation and the Sense of Illness within the Human Condition written by Anna-Teresa Tymieniecka and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In medicine the understanding and interpretation of the complex reality of illness currently refers either to an organismic approach that focuses on the physical or to a 'holistic' approach that takes into account the patient's human sociocultural involvement. Yet as the papers of this collection show, the suffering human person refers ultimately to his/her existential sphere. Hence, praxis is supplemented by still other perspectives for valuation and interpretation: ethical, spiritual, and religious. Can medicine ignore these considerations or push them to the side as being subjective and arbitrary? Phenomenology/philosophy-of-life recognizes all of the above approaches to be essential facets of the Human Condition (Tymieniecka). This approach holds that all the facets of the Human Condition have equal objectivity and legitimacy. It completes the accepted medical outlook and points the way toward a new `medical humanism'.