Non-contractual Liability Arising Out of Damage Caused to Another

Non-contractual Liability Arising Out of Damage Caused to Another

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In European law, qnon-contractual liability arising out of damage caused to anotherq is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. The law of non-contractual liability arising out of damage caused to another Ac?? in the common law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict Ac?? is the area of law which determines whether one who has suffered a damage, can on that account demand reparation Ac?? in money or in kind Ac?? from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this book presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come, but also provides a fairly detailed indication of the present legal situation in the Member States.Illustration 14 Aa#39;s vehicle is damaged in a traffic accident. While it can be fully repaired, it nevertheless loses value because an a€œaccident damaged cara€ will sell for less on the used car market than an otherwise identical, but accident-free car.

Title:Non-contractual Liability Arising Out of Damage Caused to Another
Author: Christian von Bar
Publisher:sellier. european law publ. - 2009

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