Common Law and Civil Law Perspectives on Tort Law

by Mauro Bussani, Anthony Sebok, Marta Infantino

Overview

The book provides scholars, lawyers and law students with a comparative overview of the law of civil liability for injuries arising outside of contract in five major legal systems in the common law and civil law traditions: England, the United States, France, Germany and Italy. The book analyzes a select number of foundational issues that lie at the core of tort law in all the jurisdictions surveyed, and takes them as points of comparison for appreciating commonalities and differences between the common law and the civil law traditions, as well as within these traditions. The analysis covers the structure and context of tort law architectures, the role of negligence and the continuum between fault and strict liability, rules on recovery for personal injuries, non-economic losses and for pure economic losses, tests and approaches to causation, medical malpractice and products liability regimes. As such, the book provides an updated and enriched framework for understanding the rules, the theories, the styles of reasoning and the tort law cultures across the Atlantic.

Product Details

ISBN-13:	9780199365975
Publisher:	Oxford University Press
Publication date:	04/22/2022
Sold by:	Barnes & Noble
Format:	eBook
Pages:	256
File size:	1 MB

About the Author

Mauro Bussani (PhD h.c., Fribourg, Switzerland) is Professor of Comparative Law at the University of Trieste, Italy, and Adjunct Professor at the University of Macao, S.A.R. of the P.R. of China. He has been Visiting Professor in the US, Canada, Brazil, France, Switzerland, the UK, Portugal, Serbia, Hungary, Israel, and China. He is Member of the American Law Institute and Titular Member of the International Academy of Comparative Law. He is co-editor of four book series and co-authored 30 books and more than 160 essays, in Italian, English and French (many of which were translated in other languages). Anthony J. Sebok is Professor of Law at the Benjamin N. Cardozo School of Law, Yeshiva University, US and Distinguished Research Professor at the College of Law, Swansea University, UK. He is an expert on legal ethics, litigation finance, tort law, and insurance law. His casebook, Tort Law: Responsibilities and Redress (coauthored with John Goldberg, Benjamin Zipursky, and Leslie Kendrick), is used at several leading law schools. Sebok is the Ethics Consultant to Burford Capital, a member of the American Law Institute and an MPRE Subject Matter Expert for the National Conference of Bar Examiners. Marta Infantino, Ph.D. (Palermo), LL.M. (NYU School of Law), is Professor of Comparative Law at the University of Trieste, Italy. She has hold visiting professorship in Canada, Colombia, and France. She is Associate Member of the International Academy of Comparative Law and former member of the Scientific Council of the European Law Institute. She has published extensively on comparative contract law, comparative tort law, human rights, and global indicators. Her monograph on causation, La causalità nella responsabilità extracontrattuale (2012) was awarded the Italian Lynx Academy's prize for emerging authors in 2013.

Table of Contents

Foreword List of abbreviations List of cases Chapter I. The Place of Tort Law Chapter II. Negligence (and Strict Liability) Chapter III. Recovery for Physical Harms: The Case of Medical Malpractice Chapter IV. Non-economic Damage and Primary Victims Chapter V. Recovery of Secondary Victims for Economic Harm and Emotional Distress Chapter VI. Compensation for Pure Economic Loss Chapter VII. Causation Chapter VIII. Products Liability