Now also available as
eBook
Derived from the renowned multi-volume International Encyclopaedia of Laws,
this book provides ready access to how the legal dimension of prevention
against harm and loss allocation is treated in Germany. This
traditional branch of law not only tackles questions which concern every
lawyer, whatever his legal expertise, but also concerns each person’s most
fundamental rights on a worldwide scale.
Following a general introduction that probes the distinction between tort and
crime and the relationship between tort and contract, the monograph describes
how the concepts of fault and unlawfulness, and of duty of care and
negligence, are dealt with in both the legislature and the courts. The book
then proceeds to cover specific cases of liability, such as professional
liability, liability of public bodies, abuse of rights, injury to reputation
and privacy, vicarious liability, liability of parents and teachers, liability
for handicapped persons, product liability, environmental liability, and
liability connected with road and traffic accidents. Principles of causation,
grounds of justification, limitations on recovery, assessment of damages and
compensation, and the role of private insurance and social security are all
closely considered.
Its succinct yet scholarly nature, as well as the practical quality of the
information it provides, make this book a valuable resource for lawyers
Germany. Academics and researchers will also welcome this very useful
guide, and will appreciate its value not only as a contribution to comparative
law but also as a stimulus to harmonization of the rules on tort.