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The fourth edition of this well-established textbook clarifies the essential concepts of tort law in Ireland, while providing clear and detailed explanations of the rules relating to each tort. New to this edition: Key ground-breaking decisions in a number of recent Supreme Court and High Court cases involving: Privacy Immunity in the conduct of investigations No duty of care on a commercial server of alcohol Accrual and quantification of claims for pure economic loss Dismissal of claims for adducing misleading evidence. Includes new cases on topics such as: Psychiatric harm State liability for negligent misrepresentation Liability for violation of ECHR rights Witness immunity Employers' lia...
"This book was originally published as a monograph in the International encyclopaedia of laws/Tort law."
European legal systems have developed a broad range of instruments aimed at limiting liability. These instruments are systematically examined within the present volume, which builds on the experience gathered in the various jurisdictions over the past decades and thereby fills a major gap in tort law literature. The publication contains a selection of the most important cases from 27 states across Europe as well as decisions by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and accompanied by an analytical commentary. In addition, comparative analyses of the reported cases are provided and a special report is dedicated to how key cases would be resolved under model European rules on tort law. 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 modern model rules.
"This book presents a collection of papers from a conference entitled 'Compensation Culture--Comparative Tort Law Reform in the 21st Century' held at the University of Limerick on 23-24 May 2014"--Introduction.
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...
The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contai...
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Northern Ireland: Can Sean and John Live in Peace? explores the reasons for Northern Ireland's so-called "Troubles." In a compelling and detailed narrative, Professor Rasnic addresses the two primary causes of the conflict-religion and politics-and the source of response to the Troubles-the law. While serving as a Fulbright Distinguished Professor of Law at Queen's Belfast, she experienced the moods, hopes, and fears of those who have endured the atrocities. Interspersed with the author's personal interviews with many of the principals in the peace talks and vignettes that recall her childhood and adolescent years growing up in a small Southern town, Northern Ireland provides a clearer understanding of the essence of what has caused-and continues to cause-so much tragedy and grief in this beautiful province.
The focus of the essays in this book is on the relationship between compensation culture, social values and tort damages for personal injuries. A central concern of the public and political perception of personal injuries claims is the high cost of tort claims to society, reflected in insurance premiums, often accompanied by an assumption that tort law and practice is flawed and improperly raising such costs. The aims of this collection are to first clarify the relationship between tort damages for personal injuries and the social values that the law seeks to reflect and to balance, then to critically assess tort reforms, including both proposals for reform and actual implemented reforms, in light of how they advance or hinder those values. Reforms of substantive and procedural law in respect of personal injury damages are analysed, with perspectives from England and Wales, Canada, Australia, Ireland and continental Europe. The essays offer valuable insights to anyone interested in the reform of tort law or the tort process in respect of personal injuries.
Litigation finance sits at the intersection of many well-known subjects within the law school curriculum: contracts, torts, civil procedure, evidence, professional responsibility, insurance, and capital markets. There are no professionally produced materials for a professor who wants to teach an entire semester-long course on litigation finance. This casebook is an attempt to fill that gap. Its ten chapters provide a foundation for a two- or three-credit class, although many of the chapters could also be used individually as supplemental material for a free-standing unit on litigation finance in another course, such as torts, civil procedure, or the law of lawyering. Notwithstanding the fact...