European Tort Law (Paperback)

[Cees Van Dam] | 654 pages.

Published by OUP Oxford on 07 Oct. 2014.

The new edition of European Tort Law provides an extensive revision and update of the only English language handbook in this constantly evolving area. The coverage in the new edition has been expanded with material on the latest developments in legislation, legal literature, and the case law of the European Court of Human Rights, the Court of Justice of the European Union, and the highest courts in France, Germany, and England. 

The first part of the book, Systems of Liability, provides chapters on the state of tort law in France, Germany, and England, and the European Union. A concluding chapter gives an overall view of the European field, linking the variety of rules with cultural diversity, examining the consequences for European harmonization, and emphasizing the importance of a European policy discourse. 

The second part, Requirements for Liability, analyses and compares the classic requirements for liability in a comparative and supranational perspective: rights and protected interests, intention and negligence, breach of statutory duty, stricter rules of liability, causation, damage, damages, and contributory negligence. It also discusses the role of tort law in protecting human rights against violations by the state and by multinational corporations. 

The final part, Categories of Liability, assesses how national and supranational rules are applied in a number of categories, such as in liability for motor vehicles, defective products, and defective premises, in liability for children, employees, and subsidiaries, as well as in cases of nuisance, environmental liability, and liability of public bodies.

Review

Review from previous edition The present book is an excellent start to encourage a European policy discourse and to make it fruitful. From that angle, it is excellent reading for a large audience of academics and practitioners, students and teachers within the European Union and beyond. (Walter van Gerven (from the first edition preface))

It is a magnum opus, well thought through and edited in a splendid style that greatly stimulates the reader to enter this new area of law. (Professor Ewoud Hondius, Nederlands Tijdschrift voor Burgerlijk Recht, NTBR)

About the Author

Professor Cees van Dam is a London based legal consultant, advising in matters of Tort Law, European Union Law, Business and Human Rights, and Cultural Diversity. He is Visiting Professor at King's College London, Professor of International Business and Human Rights at the Rotterdam School of Management, Erasmus University, and Honorary Professor of European Private Law at Utrecht University. Cees van Dam was Professorial Fellow and Director of the European and Comparative Law Programme at the British Institute of International and Comparative Law in London (2004-2007). Before moving to London he was Professor of Private Law at the VU University in Amsterdam (1992-2004). Prior to this tenure he was a staff member at the Ministry of Justice in The Netherlands, where he worked on the new Dutch Civil Code, European Directives, and international treaties.