Basic Questions of Tort Law from a Germanic Perspective

Abstract

This book seeks to produce answers to the basic questions of tort law in Europe from a comparative perspective. It is intended to provide a basis for comprehensive responses by representatives of other European legal families and jurisdictions outside Europe on the fundamental ideas in this book. The book gives an extensive introduction to the delictual and contractual law of liability and damages. Above all, the position of the law of tort within the overall system for the protection of legal goods is examined. The focus is on particularly controversial issues and new approaches. Not only is the relationship between breaches of obligations and torts examined, the basic requirements for a claim under tort law -- damage and causation -- are discussed. An extensive section is devoted to the elements of establishing liability and the question of liability on the side of the victim, (contributory responsibility) is looked at anew. A final section is devoted to the prescription of compensation claims.

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