Essential Cases on the Limits of Liability

Essential Cases on the Limits of Liability

  • Bénédict Winiger
  • Bjarte Askeland
  • Elena Bargelli
  • Martin Hogg
  • Ernst Karner
Publisher:Walter de Gruyter GmbH & Co KGISBN 13: 9783111001272ISBN 10: 311100127X

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Essential Cases on the Limits of Liability is written by Bénédict Winiger and published by Walter de Gruyter GmbH & Co KG. It's available with International Standard Book Number or ISBN identification 311100127X (ISBN 10) and 9783111001272 (ISBN 13).

European legal systems have developed a broad range of instruments aimed at limiting liability. These instruments are systematically examined within the present volume, which builds on the experience gathered in the various jurisdictions over the past decades and thereby fills a major gap in tort law literature. The publication contains a selection of the most important cases from 27 states across Europe as well as decisions by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and accompanied by an analytical commentary. In addition, comparative analyses of the reported cases are provided and a special report is dedicated to how key cases would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.