Format:
1 Online-Ressource (lxxxiv, 642 pages)
Edition:
Fifth edition, entirely revised and updated
ISBN:
9781509933228
,
9781509933211
,
9781509933204
,
1509933190
Uniform Title:
Comparative introduction to the German law of torts
Content:
"Since its first appearance in 1986, this magisterial work has won uniform praise from many of the world's leading comparatists. It has been acclaimed by senior judges and has been cited by the courts of many countries. This new, substantially rewritten and systematically updated fifth edition of the work, contains over 95 leading judgments, most translated in their entirety, along with references to over 2,000 other decisions from Germany and the common law world. While the book remains an ideal tool for teaching comparative torts and comparative methodology, the fact that it has been extensively rewritten makes it an indispensable source of inspiration for those with a professional interest in tort litigation and tort law reform. This edition has paid particular attention to liability for internet activity, medical liability and the protection of personality rights and private life" --
Content:
1. Introduction I. A Bird's Eye View of the Organisation of the German Courts in Civil Matters -- II. Style, Form and Content of Argument in the Judgments of the German Supreme Court III. Some Preliminary Observations on the BGB in General and the Delict Provisions in Particular -- IV. The Constitutionalisation of Private Law -- V. Amending the Civil Code -- VI. Bibliographical Survey -- 2. Breach of Protected Interests ( 823 I BGB) I. Introductory Remarks -- II. The Rights and Interests Protected by 823 I BGB -- III. Unlawfulness and Fault -- IV. The Duties of Care -- V. Causation 4. Specific Areas of Liability Under the Code: Economic Loss and Products -- I. Economic Loss -- II. Liability for Untrue Statements Under 824 BGB -- III. Delictual Liability for Products -- IV. Strict Liability? -- V. The Fowl Pest Decision of 1968 and the Move from Contract to Delict -- VI. The Various Forms of Product Liability -- 5. Liability for Others I. The Tortious Liability for 'Employees': 831, 278 BGB -- II. The Escape into Contract: 278 BGB -- III. Liability Regimes in Labour Law -- IV. Liability for those in Need of Supervision, Especially Children: 832 BGB -- 6. Medical Liability -- Colm McGrath I. Introduction -- II. The Doctrinal Basis of Medical Liability Claims -- III. Types of Claim -- IV. Procedural Indulgences -- V. Extra-Judicial Alternatives -- 7. No-Fault Liability -- I. German Approaches to No-Fault Liability -- 8. The Liability of Public Authorities -- I. Liability Under 839 BGB and Article 34 GG -- II. No-Fault Liability of the Administration: Expropriation and Sacrificial Encroachment -- 9. The Law of Damages -- I. Preliminary Observations -- II. Personal Injury (Pecuniary Losses) -- III. Personal Injury (Non-Pecuniary Losses) -- IV. Ricochet Damage in the Context of Accidents -- V. Interference with the General Right to One's Personality -- VI. Damage to Property
Note:
Abstract freely available; full-text restricted to individual document purchasers
,
Includes bibliographical references and index
,
Barrierefreier Inhalt: Compliant with Level AA of the Web Content Accessibility Guidelines. Content is displayed as HTML full text which can easily be resized or read with assistive technology, with mark-up that allows screen readers and keyboard-only users to navigate easily
Additional Edition:
ISBN 9781509933198
Additional Edition:
Erscheint auch als Druck-Ausgabe Markezinēs, Basileios Sp., 1944 - Markesinis's German law of torts Oxford : Hart, 2019 ISBN 9781509933198
Language:
English
Keywords:
Deutschland
;
USA
;
Rechtsvergleich
;
Unerlaubte Handlung
;
Haftung
;
Electronic books
DOI:
10.5040/9781509933228
Author information:
Markezinēs, Basileios Sp. 1944-
Author information:
Janssen, A. U. 1972-
Author information:
McGrath, Colm Peter
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