Unification of Tort Law: Damages

Front Cover
Ulrich Magnus, Francesco Donato Busnelli
Kluwer Law International, 2001 - Law - 225 pages
The foundations of tort law in various European legal systems differ considerably. Until now, there has not been an attempt to harmonise the entire field of tort law in a consistent manner. To rectify this, a group of tort lawyers has proposed to address the fundamental questions underlying every tort law system. The result is this important series of books, which searches for a common law of Europe without the necessity yet to lay these principles down in formal legal texts, such as a European civil code.

Identifying the most relevant factors in establishing liability as wrongfulness, causation, damage, fault, and the area of strict liability, the authors concentrate on the tort liability factor under discussion in each volume, combining theoretical abstract analysis with the discussion of concrete cases. Each author gives an overview of the particular tort liability factor under his or her national legal system--primarily by working out the concept and its importance in establishing liability--and then applies the analysis to actual cases. The subsequent conclusions aim at the coordination of the results and other important factors.

In summary, each volume tries to make clear what common ground pertaining to each tort liability factor underlies all the legal systems concerned with respect to the law of tort. Each volume also provides the academic and practitioner with the fundamental issues relating to that factor underlying the law of tort in the countries covered.

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Contents

Questionnaire on the Law of Damages
3
Cases
4
ll
8
18
10
Compensation for emotional shock and loss of consortium
17
Belgium H A Cousy and Anja Vanderspikken Leuven
27
Compensation for emotional shock and loss of consortium
34
England W V Horton Rogers Nottingham
53
Definition of recoverable damage
146
Different types of damages
147
1 Monetary assessment of nonpatrimonial damage
148
Calculation of patrimonial damage
149
Compensation for particular kinds of losses
150
Compensation for emotional shock and loss of consortium
151
Compensation of collective damage
152
Certainty of damage
153

Compensation of illegitimate losses
66
Lost spousepartner
72
Rosenkavalier case
73
Mercedes case
74
b and c cost of repair and worth of the car
75
Detective case
76
France Suzanne GalandCarval Paris Part I General questions 1 Aims of the law of damagescomparison with the aims of tort law
77
General principles of the law of damages
78
Different forms of damages
79
Different types of damage
80
Monetary assessment of nonpatrimonial damage
81
Compensation for particular kinds of losses
82
Compensation for emotional shock and loss of consortium
83
Harm causing also advantages
84
Eye injury
85
Germany Ulrich Magnus Hamburg
89
Offending publication
104
Italy F D Busnelli and G Comandé Pisa
117
Compensation of illegitimate losses
129
Lump sum or rent
130
Wrongful life case
131
Eye injury
132
Continued payment of wages
133
Lost eaming capacity
134
Offending publication
136
Rosenkavalier case
137
Prostitute case
138
Damaged but unrepaired car
139
Additional car damage
140
The Netherlands Mark H Wissink Leiden and Willem H van Boom Tilburg Part I General questions on the law of damages General remarks
143
Aims of the law of damages
144
General principles of the law of damages
145
Cases 1 Wrongful birth case
154
Continued payment of wages
155
Rosenkavalier case
156
Damaged but unrepaired car
157
Detective case
158
South Africa Johann Neethling Pretoria Part I General questions on law of damages l O0lOU1bk1N7 9 10 ll 12 Aims of the law of damages
159
General principles of the law of damages
160
Legislation on damages
161
Definition of recoverable damage
162
Monetary assessment of nonpatrimonial damage
163
Calculation of patrimonial damage
164
Compensation for particular kinds of losses
165
Compensation for emotional shock and loss of consortium
166
Compensation of collective damage
167
18
168
United States Gary Schwartz Los Angeles
175
Certainty of damage
179
Costs for hospital visits and of adaptation of house
180
Offending publication
181
Additional car damage
182
Comparative Report on the Law of Damages Part I General questions on the law of damages 1 Aims of the law of damages
185
c Sanctionpunishment
186
d Declaration of rightRechtsfortsetzungsfunktion
187
General principles of the law of damages
188
Different forms of damages
189
Definition of recoverable damage
190
Different types of damage
191
a Pecuniary and nonpecuniary loss
192
c Direct and indirect damage
193
Cases
205
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