Volume 2 Essential Cases on Damage

Published by De Gruyter 2012

Volume 2 Essential Cases on Damage

Edited by: Benedict Winiger , Helmut Koziol , Bernhard A. Koch and Reinhard Zimmermann

Part of the multi-volume work Digest of European Tort Law

https://doi.org/10.1515/9783110248494

Overview
Contents

About this book

The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in
26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history.
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 the modern model rules.

Author / Editor information

<Bénédict Winiger, Université de Genève, Suisse; Helmut Koziol, Research Unit for European Tort Law, Vienna, Austria; Bernhard A. Koch, Universität Innsbruck, Austria; Reinhard Zimmermann, Max-Planck-Institut für ausl. und internat. Privatrecht, Hamburg.<

Topics

Frontmatter Requires Authentication Unlicensed Licensed Download PDF	I
Preface Requires Authentication Unlicensed Licensed Download PDF	V
Overview Requires Authentication Unlicensed Licensed Download PDF	VII
Table of Contents Requires Authentication Unlicensed Licensed Download PDF	IX
Abbreviations Requires Authentication Unlicensed Licensed Download PDF	XXV
Questionnaire Structure Requires Authentication Unlicensed Licensed Download PDF	1
Questionnaire Requires Authentication Unlicensed Licensed Download PDF	3
1. General Overview Requires Authentication Unlicensed Licensed Download PDF	15
2. Objective Value Requires Authentication Unlicensed Licensed Download PDF	69
3. Subjective Value Requires Authentication Unlicensed Licensed Download PDF	127
4. Loss of Working Capacity Requires Authentication Unlicensed Licensed Download PDF	167
5. Primary and Consequential Damage Requires Authentication Unlicensed Licensed Download PDF	205
6. Positive Damage and Loss of Profit Requires Authentication Unlicensed Licensed Download PDF	291
7. Loss of Illicit Profits Requires Authentication Unlicensed Licensed Download PDF	349
8. Damage without any Material Alteration Requires Authentication Unlicensed Licensed Download PDF	383
9. Reliance and Expectation Loss Requires Authentication Unlicensed Licensed Download PDF	419
10. Alteration of a Good or Diminution of its Value Requires Authentication Unlicensed Licensed Download PDF	469
11. Non-Pecuniary Damage in General Requires Authentication Unlicensed Licensed Download PDF	493
12. Non-Pecuniary Consequential Damage Requires Authentication Unlicensed Licensed Download PDF	617
13. Non-Pecuniary Damage without Harm Requires Authentication Unlicensed Licensed Download PDF	659
14. Value of Affection Requires Authentication Unlicensed Licensed Download PDF	719
15. Loss of Enjoyment Requires Authentication Unlicensed Licensed Download PDF	753
16. Frustration Requires Authentication Unlicensed Licensed Download PDF	791
17. Loss of Use Requires Authentication Unlicensed Licensed Download PDF	815
18. ‘Grey Area’ between Pecuniary and Non-Pecuniary Damage Requires Authentication Unlicensed Licensed Download PDF	847
19. Additional Categories Apart from Pecuniary and Non-Pecuniary Loss Requires Authentication Unlicensed Licensed Download PDF	865
20. Wrongful Conception Requires Authentication Unlicensed Licensed Download PDF	875
21. Wrongful Birth Requires Authentication Unlicensed Licensed Download PDF	905
22. Wrongful Life Requires Authentication Unlicensed Licensed Download PDF	937
23. Environmental Damage Requires Authentication Unlicensed Licensed Download PDF	961
24. Collective Damage Requires Authentication Unlicensed Licensed Download PDF	1005
25. Mere Exposure to a Danger Requires Authentication Unlicensed Licensed Download PDF	1035
26. Loss of a Chance as Damage Requires Authentication Unlicensed Licensed Download PDF	1075
27. Further Categories Requires Authentication Unlicensed Licensed Download PDF	1125
28. Others Requires Authentication Unlicensed Licensed Download PDF	1129
Contributors Requires Authentication Unlicensed Licensed Download PDF	1131
Index Requires Authentication Unlicensed Licensed Download PDF	1137
Publications Requires Authentication Unlicensed Licensed Download PDF	1169
Overview. Reports Requires Authentication Unlicensed Licensed Download PDF	1179

(Deutsch)

Language: English
Publisher: De Gruyter
Audience: Academics, Institutes, Libraries
Pages
- Front matter: 38
- Main content: 1176

eBook

Published: November 30, 2011
ISBN: 9783110248494

Hardcover

Published: November 17, 2011
ISBN: 9783110248487