Tort Law (1)

• Full citation
• Cover text
• Table of contents
• Task Force
• Background Information for Users
• Book reviews
• Order a Casebook
• Previous and future editions

Full Citation

W van Gerven, P Larouche, J Lever, Cases, Materials and Text on National, Supranational and International Tort Law (Oxford, Hart Publishing, 2000) xcix + 969 pp. (ISBN 1-84113-139-3)

Cover Text

This is the complete version of the Casebook on Tort Law, part of which was already published in 1998 under the title Tort Law: Scope of Protection. Additional subjects covered in this book include the tort/contract divide, causation, remedies, fault and unlawfulness, liability for others, liability not based on fault as well as defences. It is part of the "Casebooks for the Common Law of Europe" series, developed for use throughout Europe and aimed at those who teach, learn or practice law with a comparative or European perspective. Readers will find therein leading cases, legislation and other materials from the legal traditions within Europe, with focus on English, French and German law as the main representatives of those traditions. Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English.

Table of Contents

Click on a chapter in the list below in order to access the detailed table of contents of a particular chapter. The detailed tables lead to the original language versions of translated excerpts and to ca. 500 pages of additional text. The right-hand menu and its drop-down lists enable fast navigation.

• Preface
• Chapter 1. General Topics and General Approach
• Chapter 2. Scope of Protection
• Chapter 3. Liability for One's Own Conduct
• Chapter 4. Causation
• Chapter 5. Liability for the Conduct of Others
• Chapter 6. Liability not Based on Conduct
• Chapter 7. Defences
• Chapter 8. Remedies
• Chapter 9. Impact of Supranational and International Law
• Table of Cases
• Table of Legislative Instruments
• Table of Contents (full version)

Task Force

The list below shows the affiliations of the task force members at the time of writing/publication of the casebook.

Authors

• W van Gerven (University of Leuven, Maastricht University)
• P Larouche (Maastricht University)
• J Lever QC

Contributors

• B De Temmerman (University of Leuven) (Chapter 8)
• I Claeys (University of Leuven) (Chapter 1)
• J Wouters (University of Leuven) (Chapter 3)
• S Covemaeker (University of Leuven) (Chapter 7)
• Y Salmon (Oxford) (Chapters 7 and 8)
• S Stijns (University of Leuven) (Chapter 7)
• M Van Rossum (Maastricht University) (Chapter 4)
• I Vervoort (University of Leuven)

Background Information for Users

Additional Materials

This website contains supplementary materials which complement the Casebook on Tort Law, i.e. additional pages with translated excerpts and introductory and explanatory notes which were not included in the printed version because of space constraints. Those additional pages are available in PDF format. The pdf pages approximate the format of the printed book to the greatest extent possible and are accessible via the blue headings in the detailed tables of contents of the various chapters (the concerned headings are also followed by the pdf icon ). The printed book contains all relevant section headings, even if the actual text is to be found on this site. If so, the concerned heading is preceded by the sign "@". For the sake of convenience, the authors have sought to break down the additional materials at the lowest level possible, so that each heading in the table of contents (e.g. 3.2.4.A., 4.2.1., 9.3., etc.) is put in a separate file. The numbering and referencing system explained below has been applied as if the materials included in the books and those found on this site were together in one whole, as can be seen from the tables of contents. As for page numbers, each file is numbered consecutively, with a reference to the page in the book where it is mentioned, e.g. Heading 2.2.4. of Tort Law occurs on page 164 of the printed book, and so the supplementary pdf materials are numbered 164/1, 164/2 and so forth.

Foreign Words and Expressions

The authors have purposely left foreign words or expressions in the original language (for example Recht am Gewerbebetrieb, obligation de moyens) designating legal concepts which cannot meaningfully be rendered in English, either because they cannot adequately be translated by a crisp phrase or expression or because the most appropriate translation would itself be a term which the common law infuses with specific meaning. Thus, it was thought more efficient to keep the foreign words in, so that at least the readers who know the foreign system in question would recognize the concept, while including a brief explanatory note for other readers. That note has generally been added where the foreign word or expression is used for the first time. Some notes have also been made for English words which have a specific meaning in the English common law which the foreign reader may not be expected to know. All the words and expressions for which a note has been made are highlighted in the subject-matter index, and so is the reference to the page where the note can be found. For countries with more than one official language (e.g. Belgium, Switzerland), some official names have been translated into English.

Lower Courts

Furthermore, the authors have also intentionally removed references to the specific designation of the lower courts in the presentation of the cases, considering that this work does not purport to deal with the comparative structure of courts. For each case, only the actual court whose judgment is reproduced is identified by its official name (usually a supreme court). Since most of the legal systems studied here have a three-tiered court structure, the lower courts have been referred to simply as the "court of first instance" and the "court of appeal".

Citation and Style Conventions

In general, citation of legislative materials or cases has been made according to the format commonly used in the legal system in question; some information has been added where it was thought useful for foreign readers. Doctrinal works (monographs and articles) have been cited as far as possible according to a uniform format based on the standard format used in English-speaking countries.

In particular, it should be noted that:

• the standard reference for serials (case reports or periodicals) contains a year and/or volume number and a page reference to the beginning of the document, unless otherwise indicated in the table of abbreviations
• pinpoint references (indicated by "at ...") are to page numbers unless otherwise indicated
• an indication has been inserted where references have been omitted from within excerpts
• references to currency units have been made using the standard ISO three-letter code (see the table of abbreviations)
• periods have largely been removed from citations and abbreviations.

Cross-References

Two numbering systems run in parallel throughout the book and the site for ease of cross-reference.

• First of all, cross-references in normal typeface point to the numbering of the subdivisions of this book. That numbering can be found on the top right-hand corner of the odd- numbered pages. For instance, a cross-reference to "2.3.2., Introductory Note under a)" refers to paragraph a) of the Introductory Note to Subsection 2 of Section 3 of Chapter II. By looking at the number on the top right-hand corner of odd-numbered pages, the reader can quickly find Section 3 of Chapter II ("2.3."), locate Subsection 2, and then paragraph a) of the Introductory Note. Similarly, "1.4.1.A." refers to part A. of Subsection 1 of Section 4 of Chapter I.
• Secondly, all materials included in the book have been numbered, and these numbers have been indicated on the top left-hand corner of even-numbered pages (where those include materials). Documents have been numbered consecutively for each chapter, without regard to whether the document was in the book or on the Internet. A document number comprises the chapter number, an indication of the origin of the document and the sequential number of the document within the chapter. Cross-references in bold denote that numbering system. For instance, a cross-reference to "9.EC.6., Note (1)" refers to Note (1) under document number 6 of Chapter IX. "EC" indicates that the document comes from the EC legal system. By looking at the numbering on the top left-hand corner of even-numbered pages, the reader can quickly find document 9.EC.6. (the Brasserie du Pêcheur case) and then locate Note (1) there under. Similarly, "7.F.6." refers to document number 6 of Chapter VII, which comes from the French legal system.

Book Reviews

• Lord Goff of Chieveley, International and Comparative Law Quarterly, October 2001, 989-991.
• B Fauvarque-Cosson, Revue Internationale de Droit Comparé, 2-2003, 447-450.
• M Wissink, Maastricht Journal of European and Comparative Law, 1-2004, 110-112.

Order a Casebook

Download an order form (pdf) (to place your order, please type your details on the screen, print the form and fax or post) or order on line at the website of Hart Publishing.

Previous and Future Editions

• This is the complete version of the Casebook on Tort Law, part of which was already published in 1998 under the title Tort Law: Scope of Protection.
• A second revised edition of this Casebook is currently in preparation.

Quick Navigation

Table of Contents

• Casebook Home
• Preface
• Chapter 1. General Topics and General Approach
• Chapter 2. Scope of Protection
• Chapter 3. Liability for One's Own Conduct
• Chapter 4. Causation
• Chapter 5. Liability for the Conduct of Others
• Chapter 6. Liability not Based on Conduct
• Chapter 7. Defences
• Chapter 8. Remedies
• Chapter 9. Impact of Supranational and International Law
• Table of Cases (pdf)
• Table of Legislative Instruments (pdf)
• Table of Contents (full version) (pdf)
• Inspection Copies
• Order (pdf)