Substantially re-written to contain over 150 leading judgments, most translated in their entirety, along with references to over 2000 other decisions from Germany and the Common law world.
Since its first appearance in 1986 this book has won uniform praise from many of the world's leading comparatists,has been acclaimed by senior judges and has been cited by the courts of many countries. This new edition of the work, substantially re-written and systematically up-dated, contains over 150 leading judgments, most translated in their entirety, along with references to over 2000 other decisions from Germany and the Common law world. While the book remains an ideal tool for teaching comparative torts and comparative methodology, the fact that it has been extensively rewritten and enlarged now also makes it an indispensable source of inspiration for those with a professional interest in tort litigation and tort reform. Topics discussed include economic loss, psychiatric injury, wrongful birth, life and sterilisation cases, products liability, traffic accidents, accidents at work, environmental liability and compensation for personal injuries and death.
Part 1 Introductioncourts in civil matters; style, form and content of argument in the judgements of the BGH; the delict provisions of the BGB; other relevant provisions of the BGB; reform proposals concerning some of the BGB provisions; 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 constitutionalization 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. Part 2 Liability under SS 823 1 BGB: commentary - introductory remarks, the rights and interests protected by SS 823 1 BGB, unlawfulness and fault, the duties of care, causation; cases - nervous shock, pre-natal injuries, "wrongful life" and "wrongful birth", unwanted pregnancies, 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 "constitutionalization" of private law, personality and privacy rights, unlawfulness and fault, duties of care, product liability, damage caused "to" the product, causation. Part 3 Liability for others, labour law and stricter forms of liability: commentary - SS 831 and 278 BGB, the escape into contract - SS 278 BGB, liability regimes in labour law, miscellaneous matters, other instances of presumed fault or strict liability in the civil code, strict liability; cases - SS 831 BGB, SS 278 BGB (or SS 831 BGB), road traffic act of 19 December 1952 (BGB1.1 837), strict liability act 1978, environmental liability act 1990, consumer legislation and defective products. Part 4 The remaining provisions of the German civil code and the law of damages: commentary - two more general clauses, other headings of tortious liability, compensation and satisfaction; cases - SS 823II BGB, liability of statutory bodies (SS 839 BGB), compensation and satisfaction.