The German Law of Torts : a Comparative Treatise
This edition has been extensively rewritten and enlarged and is an ideal tool for those interested in comparative torts and comparative methodology
1 online resource (1114 pages)
9781847312037, 1847312039
1055564077
Half Title Page
Title Page
Title verso
Preface to the Fourth Edition
Acknowledgements
Contents
Table of Cases
Abbreviations
Books Cited Only by Names of Their Authors
Foreword to the Fourth Edition (Prof. Dr. Walter Odersky)
Foreword to the Fourth Edition (The Rt. Hon. Sir Stephen Sedley)
Foreword to the Fourth Edition (T.H. Bingham MR)
Foreword to the Second Edition
Foreword to the First Edition
1. Introduction
A Bird's-eye View of the Organisation of the German Courts in Civil Matters. Style, Form, and Content of Argument in the Judgments of the BGH
The Delict Provisions of the BGB
Other Relevant Provisions of the BGB
Reform Proposals Concerning Some of the BGB Provisions Reproduced Above Dated 24 September 2001
The BGB-Reform in Force as of 1 January 2002
Some Preliminary Observations on the BGB in General and the Delict Provisions in Particular
The Constitutionalisation of Private Law
The Human Rights Provisions of the Constitution of the Federal Republic of Germany of 8 May 1949 (As Subsequently Amended)
Amending the Code
Bibliographical Survey. 2. Liability under 823 I BGB
SECTION A. COMMENTARY
Introductory Remarks
The Rights and Interests Protected by 823 I BGB
Unlawfulness and Fault
The Duties of Care
Causation
SECTION B. CASES
Nervous Shock
Pre-Natal Injuries and Pre-Conception Injuries
""Wrongful Life"" and ""Wrongful Birth""
Unwanted Pregnancies Following Failed Sterilisations or Failed Abortions
Economic Loss (""Cable Cases"")
Economic Loss (Loss of Use
Other Possible Headings)
Economic Loss (Negligent Statements)
Economic Loss (Legal Malpractice). ""Other Rights"" (Family Relationships)
""Established and Operating Business""
The ""Constitutionalisation of Private Law""
Personality and Privacy Rights
Unlawfulness and Fault
Duties of Care
Product Liability
Damage Caused to the Product
Causation
Plates
3. Liability for Others, Labour Law, and Stricter Forms of Liability
SECTION A. COMMENTARY
831 and 278 BGB
The Escape into Contract 278 BGB
Liability Regimes in Labour Law
Other Instances of Presumed Fault or Strict Liability in the Civil Code
Strict Liability
SECTION B. CASES. 831 BGB
Road Traffic Act of 19 December 1952 [BGB1 I., 837] (As Amended)
Strict Liability Act 1978
Environmental Liability Act of 10 December 1990 (Translated from the German by the Cologne RE.)
Consumer Legislation and Defective Products
4. The Remaining Grounds of Liability in the Civil Code and the Law of Damages
SECTION A. COMMENTARY
Two More General Clauses
Other Headings of Tortious Liability
Compensation and Satisfaction
SECTION B. CASES
823 II BGB
839 BGB
Compensation and Satisfaction
Index