Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Blackie, John --- "The tort provisions of the Study Group on a European Civil Code and their uses" [2017] ELECD 1335; in Giliker, Paula (ed), "Research Handbook on EU Tort Law" (Edward Elgar Publishing, 2017) 392

Book Title: Research Handbook on EU Tort Law

Editor(s): Giliker, Paula

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785365713

Section: Chapter 15

Section Title: The tort provisions of the Study Group on a European Civil Code and their uses

Author(s): Blackie, John

Number of pages: 23

Abstract/Description:

These provisions provide a novel taxonomy and to an extent novel rules. The bare bones are the concepts of ‘damage’, ‘accountability’, causation, defences and remedies. Many situations are covered by specific provisions. In the case of strict or stricter liability all are. Beyond this for other situations involving intention or negligence, there is included an ‘expansion joint’ for development of the law. The key to the whole structure is that to give rise to a remedy there must be ‘legally relevant damage’. This chapter provides an analysis of the structure of the provisions to assess their value for study by tort lawyers.