
The book provides scholars, lawyers and law students with a comparative overview of the law of civil liability for injuries arising outside of contract in five major legal systems in the common law and civil law traditions: England, the United States, France, Germany and Italy. The book analyzes a select number of foundational issues that lie at the core of tort law in all the jurisdictions surveyed, and takes them as points of comparison for appreciating commonalities and differences between the common law and the civil law traditions, as well as within these traditions. The analysis covers the structure and context of tort law architectures, the role of negligence and the continuum between fault and strict liability, rules on recovery for personal injuries, non-economic losses and for pure economic losses, tests and approaches to causation, medical malpractice and products liability regimes. As such, the book provides an updated and enriched framework for understanding the rules, the theories, the styles of reasoning and the tort law cultures across the Atlantic.
This work investigates the fundamental structural and conceptual differences between common law and civil law traditions regarding civil liability for non-contractual injuries. The authors, Anthony James Sebok, Marta Infantino, and Mauro Bussani, utilize a comparative methodology to examine five major legal jurisdictions: England, the United States, France, Germany, and Italy. By focusing on foundational issues such as negligence, causation, and liability regimes, the text provides a rigorous framework for analyzing how different legal cultures approach the resolution of tort claims.
What You Will Find
Legal scholars and practitioners identify this text as a comprehensive resource for understanding the divergence and convergence of tort law across the Atlantic. The prose maintains a high level of academic density, making it a primary reference for those engaged in comparative legal studies.
Page Count:
294
Publication Date:
2022-01-01
Publisher:
Oxford University Press
ISBN-10:
0199365970
ISBN-13:
9780199365975
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