The Concept of Fault of the Tortfeasor in Estonian Tort Law: A Comparative Perspective

2013 ◽  
Vol 38 (2) ◽  
pp. 141-170 ◽  
Author(s):  
Janno Lahe
Keyword(s):  
Strict Liability ◽  
Comparative Law ◽  
Tort Law ◽  
Frame Of Reference ◽  
Comparative Perspective ◽  
Tort Liability ◽  
European Model ◽  
Common Frame Of Reference

The fault of the wrongdoer is one of the preconditions for general tort liability. Nowadays, fault-based liability and strict liability are two equally important forms of liability that are not polar opposites but, rather, complement one another. This article focuses on the meaning of the fault of a tortfeasor. It considers the notion of fault in two European model rules (the Draft Common Frame of Reference and the Principles of European Tort Law), in the Estonian Law of Obligations Act, and also makes reference to German, French, English, and Russian tort law. We shall begin with a comparative discussion of the questions of general liability based on fault, fault capacity, various forms of fault, the burden of proving fault, and the importance of differentiating those forms of fault. Thereafter, we will treat the issues of fault in the context of liability for torts committed by another person and, also, borderline issues between fault-based liability and strict liability. This analysis seeks to offer the reader a basis for determining whether the regulations of Estonian tort law are justified or whether amendments should be considered within such a comparative-law framework.

Comparative Tort Law

2019 ◽  
pp. 993-1030
Author(s):  
Gerhard Wagner
Keyword(s):  
Strict Liability ◽  
Comparative Law ◽  
Tort Law ◽  
Critical Discussion ◽  
Starting Point ◽  
Tort System ◽  
The Law ◽  
Scope Of Protection

Tort law has always been one of the major areas of comparative law. Whereas the law of property, even today, remains on the outskirts of comparative learning, the law of extra-contractual liability has attracted much interest from comparative law scholars. This article considers general clauses versus a variety of individual torts, the scope of protection, the liability for fault, strict liability, and tort law and insurance. It also discusses the choice between the tort system and no-fault insurance schemes. Finally, it addresses the challenges raised by digitalization. Regardless of whether one agrees or disagrees with the solutions offered, the principles and the commentaries thereon certainly provide a valuable starting point for further scholarly efforts and critical discussion.

The European Civil Code Movement and the European Union's Common Frame of Reference

2006 ◽  
Vol 6 (1) ◽  
pp. 4-11 ◽  
Author(s):  
Hugh Beale
Keyword(s):  
Comparative Law ◽  
Civil Code ◽  
Frame Of Reference ◽  
Legal Scholarship ◽  
Legal Studies ◽  
European Civil Code ◽  
Common Frame Of Reference

It is a very great honour to be invited to give this lecture in memory of Willi Steiner. I was not privileged to know him personally but I have long been aware of the enormous contribution that he made to the development of the Squire Library in Cambridge and the library of the Institute of Advanced Legal Studies, of which I have been a grateful user for many years. I am also very aware of Willi's contribution to legal scholarship in general and in particular to comparative law. His work on the Index to Foreign Legal Periodicals is just one example. I hope and believe that the topic on which I am going to speak tonight would have interested him.

scholarly journals Tort Law in the Revised Moldovan Civil Code and the Draft Common Frame of Reference (DCFR)

2019 ◽  
Vol 65 (2) ◽  
pp. 149-172
Author(s):  
Christian von Bar
Keyword(s):  
Tort Law ◽  
Civil Code ◽  
Frame Of Reference ◽  
Similarities And Differences ◽  
Common Frame Of Reference

The article analyzes the provisions of the new Moldovan CC about tort law. It describes the similarities and differences between the Moldovan CC and the sixth book of the DCFR. (The article reproduces the revised text of a lecture the author gave on October 4, 2018 in Chişinău. The form of the speech has been maintained.)

Comparative Tort Law

2006 ◽  
pp. 1002-1042 ◽  
Author(s):  
Gerhard Wagner
Keyword(s):  
Strict Liability ◽  
Comparative Law ◽  
Tort Law ◽  
Critical Discussion ◽  
Private Law ◽  
Starting Point ◽  
The Law ◽  
Scope Of Protection

Tort law has always been one of the major areas of comparative law. Whereas the law of property, even today, remains on the outskirts of comparative learning, the law of extra-contractual liability has attracted much interest from comparative law scholars. Endeavours in the comparison of the different systems of delict and tort have received a further boost from the objective of harmonizing European private law. This article consider general clauses versus a variety of individual torts, the scope of protection, the liability for fault, strict liability, and tort law and insurance. Regardless of whether one agrees or disagrees with the solutions offered, the principles and the commentaries thereon certainly provide a valuable starting-point for further scholarly efforts and critical discussion.

Genetically Modified Crops in the United States: Federal Regulation and State Tort Liability

2003 ◽  
Vol 5 (2) ◽  
pp. 86-108 ◽  
Author(s):  
Margaret Rosso Grossman
Keyword(s):  
United States ◽  
Genetically Modified ◽  
Strict Liability ◽  
Genetically Modified Crops ◽  
Tort Law ◽  
The United States ◽  
Tort Liability ◽  
Agricultural Crops ◽  
Federal Regulation ◽  
Regulatory Scheme

This article first discusses some benefits and risks of agricultural crops developed through biotechnology and then outlines the complex US regulatory scheme for genetically modified crops. The article then analyses nuisance, trespass, negligence, and strict liability as possible tort law remedies for damage caused by these crops.

Tort Policy in a Plural Context: Pathways Towards Objective Liability in UAE Tort Law

2019 ◽  
Vol 17 (1) ◽  
Author(s):  
Iyad Mohammad Jadalhaq
Keyword(s):  
United Arab Emirates ◽  
Islamic Law ◽  
Strict Liability ◽  
Tort Law ◽  
Civil Code ◽  
Tort Liability ◽  
Legal Tradition ◽  
Critical Dialogue ◽  
Point Of Departure ◽  
Careful Assessment

Abstract This article approaches tort policy contextually, as an argument around actually available alternatives within a historically-specific legal tradition, like that of the United Arab Emirates (UAE), which combines French civil law influence with roots in Islamic law. The article examines alternative tunings of the requirements of tort liability, in view of cases where a technically sophisticated investigation is required to ascertain what precautions the tortfeasor might have taken to prevent injury. For this purpose, it takes as its point of departure a careful assessment of the availability of the “extraneous cause” exception in UAE law, which allows defendants to avoid liability by demonstrating the occurrence of a causal factor outside their sphere of control. To understand when this exception ought to be available, the paper engages in critical dialogue with French doctrines on tort liability, distinguishing a fault-based “subjective approach” from an “objective approach” (strict liability). These doctrines also speak to Arab jurisdictions that have adopted a civil code (like the UAE), modelled after the French one. The article therefore proceeds to situate the tort regime in the UAE Civil Code with respect to those French doctrines. With respect to these, the UAE Civil Code takes an intermediate position drawn from Islamic law. However, additional provisions, e.g. on liability for nuclear installations or for machinery of which a person is in charge, demonstrate a timid reception of the objective approach. The article proposes a reform of UAE tort liability on the basis of the objective approach, which is robust even in complex cases, where an investigation around causation would risk being inconclusive. Finally, the paper considers the additional possibility of arguing for a voluntary assumption of liability on the part of the tortfeasor, as yet another way of orienting tort liability in the UAE towards an objective approach.

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