Causation in European Tort LawCausation in European Tort Law

European Tort Law 2002 (Vienna, New York: Springer, 2003), pp. 231–51 van Dam, C., European Tort Law, 2nd ed. (Oxford: Oxford University Press 2013) Deakin, S., Johnston, A. and Markesinis, B., Markesinis ...

Author: Marta Infantino

Publisher: Cambridge University Press

ISBN: 9781108307871


Page: 786

View: 490

Through a comprehensive analysis of sixteen European legal systems, based on an assessment of national answers to a factual questionnaire, Causation in European Tort Law sheds light on the operative rules applied in each jurisdiction to factual and legal causation problems. It highlights how legal systems' features impact on the practical role that causation is called upon to play, as well as the arguments of professional lawyers. Issues covered include the conditions under which a causal link can be established, rules on contribution and apportionment, the treatment of supervening, alternative and uncertain causes, the understanding of loss-of-a-chance cases, and the standard and the burden of proving causation. This is a book for scholars, students and legal professionals alike.

Torts Egalitarianism and Distributive JusticeTorts Egalitarianism and Distributive Justice

Deakin, Simon F., Johnston Angus & Markesinis Basil, Markesinis and Deakins Tort Law (5th edn, Oxford, 2003). Dewees, Don, Duff David & Trebilcock Michael, Exploring the Domain of A ccident Law: Taking the Facts Seriously (New York, ...

Author: Professor Tsachi Keren-Paz

Publisher: Ashgate Publishing, Ltd.

ISBN: 9781409493532


Page: 232

View: 627

This book argues, from a normative perspective, for the incorporation of an egalitarian sensitivity into tort law, and more generally, into private law. It shows how an egalitarian sensitivity can reformulate tort doctrine, with an emphasis on the tort of negligence. Rather than a comprehensive descriptive account of existing tort law, this book pro-actively searches for new approaches and conceptual tools to meet the challenges faced by egalitarians. The understanding of tort law offered in this book will bring about better practical results in specific cases. It supports the progressive troops in the ongoing philosophical and social battles that take place in the field of tort law and also adds another voice - rich, nuanced and sensitive - to the chorus that is tort theory.

The Oxford Handbook of Comparative LawThe Oxford Handbook of Comparative Law

Gert Brüggemeier, Common Principles of Tort Law: A Pre-Statement of Law (2004). European Group on Tort Law, Principles of European Tort Law (2005). Simon Deakin, Angus Johnston, and Basil Markesinis, Markesinis and Deakins Tort Law (7th ...

Author: Mathias Reimann

Publisher: Oxford University Press

ISBN: 9780192565518


Page: 1536

View: 180

This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

The Law of Ship MortgagesThe Law of Ship Mortgages

... on Tort (19th edn, Sweet & Maxwell 2014) Chapter 5, Simon Deakin, Angus Johnston and Basil Markesinis, Markesinis and Deakins's Tort Law (7th edn, OUP 2012) 143–160; Christian Witting, Street on Torts (14th edn, OUP 2014) Part II.

Author: David Osborne

Publisher: CRC Press

ISBN: 9781317660422


Page: 636

View: 637

Thought to be the most comprehensive guide to English law relating to ship mortgages, the second edition of The Law of Ship Mortgages has been highly anticipated. This fully-updated and complete explanation provides practitioners with a practical, commercially-based, and definitive guide to the English law of ship mortgages as well as important related areas such as conflict of laws and insolvency. The authors, being seasoned practitioners themselves, bring their practical experience to bear on a number of difficult and developing areas of the law, such as: mortgagees’ duties, liability to charterers, conflicts of laws, work-outs and cross border insolvency. New to this edition: In-depth analysis of noteworthy cases such as The WD Fairway litigation, PK Airfinance v Alpstream, and Tropical Reefer and Anton Durbeck v DNB Enhanced coverage of issues such as security interests in ships, priority, and third party involvement Completely revised and reordered content, to better reflect practitioner needs Written with practitioners in mind, this new edition will be extremely useful to legal professionals working in any jurisdiction that is involved in international ship finance, as well as post-graduate students and academics.

Contracts of Carriage by AirContracts of Carriage by Air

On ''course of employment'' in English law see Markesinis and Deakins's Tort Law (6th edn, Oxford 2007) 6.4.3. 901. E.g. Swiss Bank v. Air Canada (1982) 129 DLR (3d) 85, 106 ff; affirmed (1987) 44 DLR (4th) 680 (FCA). 902.

Author: Malcolm A. Clarke

Publisher: Taylor & Francis

ISBN: 9781135115760


Page: 304

View: 891

Contracts of Carriage by Air, Second Edition contains annotated analysis of the provisions of the international conventions governing the carriage of goods and passengers by air. This book provides you with practical advice and brings you: • An overall view of the two liability regimes, followed by a short history of the Warsaw Convention in its various versions and what led to agreement on a single regime, the Montreal Convention, as well as the threat to uniformity posed by EC Directives. • A statement of the rules of interpretation applicable to conventions of uniform law, illustrated mainly by decisions of the air conventions. • Commentary on the text of the 1999 Montreal Convention together with commentary on the text of the 1967 Warsaw Convention. • Reference to decisions of the courts not only of the UK but also those of other common law countries, notably the USA, and countries of civil law, notably France and Germany.

The Language of Law and FoodThe Language of Law and Food

20 Markesinis and Deakins, Tort Law, p. 603. 21 S. Whittaker, Liability for Products (Oxford University Press, 2005). 22 The doctrine of privity of contract prevents an action for contract damages brought by a third party even though it ...

Author: Salvatore Mancuso

Publisher: Routledge

ISBN: 9781000380422


Page: 244

View: 321

This book reconsiders the use of food metaphors and the relationship between law and food in an interdisciplinary perspective to examine how food related topics can be used to describe or identify rules, norms, or prescriptions of all kinds. The links between law and food are as old as the concept of law. Many authors have been using such links in creative ways to express specific features of law. This is because the language of food and cooking offers legal thinkers and teachers mouth-watering metaphors, comparing rules to recipes, and their combination to culinary processes. This collection focuses on this relationship between law and food and takes us far beyond their mere interaction, to explore different ways of using these two apparently so diverse elements to describe different phenomena of the legal reality. The authors use the link between food and law to describe different aspects of the legal landscape in different areas and jurisdictions. Bringing together metaphors and indirect correlations between law and food, the book explores different models of approaching legal issues and considering different legal challenges from a completely new perspective, in line with the multidisciplinary approach that leads comparative legal studies today and, to a certain extent, revisiting and enriching it. With contributions in English and French, the book will be of interest to academics and researchers working in the areas of law and food, law and language, and comparative legal studies.

Contributory Negligence in the Twenty First CenturyContributory Negligence in the Twenty First Century

Simon Deakin, Angus Johnston and Basil Markesinis, Markesinis and Deakins Tort Law (7th edn, OUP 2013) 756. 5.44 5.45 Writing in 1991, Burton Atkins argued that the 80 Contributory Negligence on Appeal.

Author: James Goudkamp

Publisher: Oxford University Press

ISBN: 9780192545428


Page: 368

View: 171

Despite the centrality of the contributory negligence doctrine in practice, almost nothing is known about how it functions in reality. The authors, seeking to fill this deficit in understanding, have undertaken a wide-ranging empirical study of how the doctrine is handled by the courts. They report their methodology and findings in this volume, framing their discussion within the law of contributory negligence. The study is based on 572 first instance decisions on contributory negligence from across the United Kingdom decided between 2000 and 2016, and 129 appellate decisions handed down in the same period. The analysis considers the operation of the contributory negligence doctrine at first instance and on appeal, and in a range of contextual settings, including road accidents, accidents at work, and professional negligence claims. The authors also consider how the study can be used to inform future developments in this area of law. Substantial appendices set out the key data on which the book is based, enabling academics to utilize the dataset in their own research and allowing practitioners to compare their cases easily with previously decided claims.