Cross-border claims for personal injuries are becoming more common. Furthermore, European nationals increasingly join class actions in the USA. These tendencies have created a need to know more about the law of damages in Europe and America. Despite the growing importance of this subject, there is a dearth of material available to practitioners to assist them in advising their clients as to the heads of damage recoverable in other countries. This book aims to fill that gap by looking at the law in England, Germany and Italy. It sets out the raw data in the wider context of tort law, then provides a closer synthesis, largely concerned with methodological issues, and draws some comparative conclusions.
Fibreboard Paper Products Corporation 158–60 Boschma, Ron 35 Bourdieu, Pierre 1, 3 Brickman, L. 162 Buffet Warren 155 bystander cases 53, 64, 132, 150–52, 229, 237 Campbell, Michelle 110 Campbell v. Ford Motor Company 182 Cape 9 ...
... damages: non-patrimonial damages shall be awarded only in cases provided by law. 6 markesinis et al, Compensation for Personal Injury in English, German and Italian Law, 162-63. 7 Ibid. 18. 8 Article 2056. Measure of damages: The damages ...
This detailed examination explores the extent to which non-pecuniary damages can properly be awarded to companies.
This new edition includes constitutional changes in France and the United Kingdom, in particular the new procedure for challenging existing legislation before the Conseil constitutionnel.
The book examines tort law theories and cultures through a comparative methodology. It l
Thus, wherever personality rights and constitutional values can be implicated in contractual settings, their presence seems to enhance the chances of recovering moral damages. But it cannot be said that all European legal systems are ...
The place of tort law -- Negligence (and strict liability) -- Recovery for physical harms : the case of medical malpractice -- Non-economic damage and primary victims -- Recovery of secondary victims for economic harm and emotional distress ...
This book invites eminent arbitrators to reflect on the actual practice of international arbitration, and its contribution to the transnational justice system.
... 2003), pp 253 et seq. this title includes practical guidance on how to run such a case with reference to the stockholm and taylor-pelmear scales. for illustrations in scots practice, see Smith v Shaw & McInnes Ltd, oH, lord mcewan, ...
26 S. I. Strong, Class, Mass, and Collective Arbitration in National and International Law (Oxford University Press, 2013), 315. 27 Ibid., 133–134. 28 Abaclat, para. 483. 29 Strong, Class, Mass, and Collective Arbitration, 6; ...