Tort Law and Mass Transportation Accidents: A French-German View on Legal Challenges in Times of Market Deregulation

2018 ◽  
Vol 9 (2) ◽  
pp. 154-169
Author(s):  
Jonas Knetsch
Keyword(s):  
Strict Liability ◽  
German Law ◽  
Tort Law ◽  
Rail Transport ◽  
Mass Transportation ◽  
Market Opening ◽  
Emerging Trends ◽  
Legal Challenges ◽  
Recent Developments ◽  
Market Liberalisation

Abstract The liberalisation of the coach, air and rail transport market sheds new light on a relatively unexplored field of comparative tort law: the rules governing the liability of transportation companies for accidents involving third parties. Through an assessment of recent developments under French and German Law, this article reflects on the emerging trends of those tort rules, induced or highlighted by the market opening process. The existing strict liability regimes for railway and coach carriers, already subject to a significant tightening process, raise new questions as to the exact circle of persons liable for injuries, since the market liberalisation goes hand in hand with the unbundling of infrastructure and operations.

Schottky diodes based on 2D materials for environmental gas monitoring: a review on emerging trends, recent developments and future perspectives

2021 ◽  
Author(s):  
Minu Mathew ◽  
Chandra Sekhar Rout
Keyword(s):  
Gas Sensing ◽  
2D Materials ◽  
Schottky Diodes ◽  
High Sensitivity ◽  
Future Perspectives ◽  
Working Temperature ◽  
Emerging Trends ◽  
Gas Sensing Properties ◽  
Recent Developments ◽  
Sensitivity And Selectivity

This review details the fundamentals, working principles and recent developments of Schottky junctions based on 2D materials to emphasize their improved gas sensing properties including low working temperature, high sensitivity, and selectivity.

scholarly journals Corporate social responsibility and protection of workers’ human rights: the case of Germany

2020 ◽  
Vol 10 (2) ◽  
pp. 253-270
Author(s):  
Achim Seifert
Keyword(s):  
Human Rights ◽  
Supply Chain ◽  
Supply Chains ◽  
Public Procurement ◽  
Action Plan ◽  
German Law ◽  
Human Rights Violations ◽  
Current Debate ◽  
Recent Developments ◽  
Protection Of Human Rights

The following Article analyzes recent developments of German law regarding CSR and the protection of human rights in the production sites of foreign subsidiaries and suppliers of German companies. It gives a brief overview on the National Action Plan of the Federal Government, adopted in 2016, analyzes possibilities of a direct enforcement of human rights violations before German courts and gives a survey on some relevant instruments German law uses to promote the respect of human rights by German companies (e.g. CSR transparency and public procurement law). Finally, the current debate on the adoption of a “Supply Chains Act” is briefly assessed. The author argues that the CSR debate in Germany has reached a crossroad with the Federal Government’s initiative for a “Supply Chains Act” since such Act would probably establish a supply chain due diligence and also a delictual liability of German companies for human rights violations caused by a non-compliance with its statutory duties to control its supply chain. However, the outcome of this ongoing debate still is unclear.

Introduction

2014 ◽  
Author(s):  
Robert D. Cooter ◽  
Ariel Porat
Keyword(s):  
Social Welfare ◽  
Strict Liability ◽  
Tort Law ◽  
Contract Law ◽  
Private Law ◽  
The Law ◽  
The Cost

This book examines how the law of torts, contracts, and restitution can be improved by showing how private law reduces the cost of accidents, lubricates bargains, and encourages unrequested benefits. It considers the two pervasive rules of tort law that provide incentives for actors to reduce accident costs: strict liability and negligence. It also explains how contract law achieves effiency through the remedy of damages and how restitution law allows benefactors to recover gains that their beneficiaries wrongfully obtained from them. The book makes three central claims: misalignments in tort law should be removed; in contract law, promisee's incentives should be improved; and the law should recognize some right of compensation for those who produce unrequested benefits. Each claim is based on the desire to reform private law and to make it more effective in promoting social welfare.

17. Liability for Animals

2019 ◽  
pp. 510-527
Author(s):  
Simon Deakin ◽  
Zoe Adams
Keyword(s):  
Strict Liability ◽  
Tort Law ◽  
Law Students ◽  
Social Concern ◽  
The Law ◽  
Special Rules

Liability for Animals raises further questions about the role, and future, of strict liability in the context of the law of tort. This chapter examines the special rules of strict liability under the Animals Act 1971, including those concerning liability for straying livestock, liability for ‘dangerous animals’, and liability for dogs. This is followed by discussions of defences, remoteness of damage and strict liability, and liability for dogs. The wording of the Animals Act 1971 is notoriously complex, and the law in this area is, for this reason, the object of must frustration for courts, and tort law students, alike. Even so, the law governing liability of animals concerns matters of social concern and, for the time-being at least, it seems that the Act is here to stay.

8. Damages, Compensation, and Responsibility

Tort Law ◽  
2017 ◽  
Author(s):  
Jenny Steele
Keyword(s):  
Human Rights ◽  
Tort Law ◽  
Recent Developments ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Relationship ◽  
Conceptual Difficulties ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with remedies, particularly monetary remedies, and remedial issues in relation to torts. Before discussing compensation and responsibility, it first considers the heads of loss for which damages in tort may be awarded, and some serious conceptual difficulties involved with this. It then looks at the potential for non-compensatory awards and the challenge to tort law represented by the growth of damages under the Human Rights Act 1998. It also assesses recent developments with respect to the assessment and delivery of damages, the funding of litigation, and the relationship between tort damages and welfare support.

scholarly journals The Mistaken Restriction of Strict Liability to Uncommon Activities

2018 ◽  
Vol 10 ◽  
pp. 1-45 ◽  
Author(s):  
Steven Shavell
Keyword(s):  
Natural Gas ◽  
Strict Liability ◽  
Tort Law ◽  
Activity Requirement ◽  
Negligence Rule

Abstract Courts generally insist that two criteria be met before imposing strict liability rather than basing liability on the negligence rule. The first—that the injurer’s activity must be dangerous—is sensible because strict liability possesses general advantages over the negligence rule in controlling risk. But the second—that the activity must be uncommon—is ill-advised because it exempts all common activities from strict liability no matter how dangerous they are. Thus, the harm generated by the large swath of common dangerous activities—from hunting, to construction, to the transmission of natural gas—is inadequately regulated by tort law. After developing this theme and criticizing ostensible justifications for the uncommon activity requirement, the article addresses the question of how it arose. The answer is that its legal pedigree is problematic: it appears to have been invented by the authors of the first Restatement of Torts. The conclusion is that the uncommon activity requirement for the imposition of strict liability should be eliminated.

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.

17. Nuisance

2018 ◽  
Author(s):  
Christian Witting
Keyword(s):  
Strict Liability ◽  
Land Rights ◽  
Tort Law ◽  
Physical Damage ◽  
Public Nuisance ◽  
Private And Public

This chapter examines the provisions of tort law concerning private and public nuisance. It explains that the tort of private nuisance protects rights in the use of land, rights in the enjoyment of land, and rights in land itself so as to protect against physical damage to land. It highlights the difficulty in establishing whether private nuisance constitutes a tort of strict liability. This chapter also discusses the elements of public nuisance, which again is a difficult tort to analyse.

Criminal Law Concentrate

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Strict Liability ◽  
Mens Rea ◽  
Sexual Offences ◽  
Essential Information ◽  
Actus Reus ◽  
Recent Developments ◽  
The Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Criminal Law Concentrate covers fundamental principles of this area of law and helps the reader to succeed in exams. Topics covered include the basis of criminal liability, actus reus, mens rea, and strict liability. The chapters also examine offences such as non-fatal offences, sexual offences, homicide, inchoate offences, theft, and fraud. Defences are also examined in the final two chapters. This edition has been updated to include: recent developments in the law and new cases such as Jogee, Conroy, Golds, Ivey, and Joyce; more detail on sexual offences; more revision tips and tables to improve learning; and an ‘Exam essentials’ feature.

Sign in / Sign up

Export Citation Format

Share Document