The third volume of the Digest of European Tort Law Series is dedicated to the question of what can be regarded as wrongful behaviour or fault in the various national European legal systems. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. The publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law.
Digest of European Tort Law
Volume 3:Essential Cases on Misconduct
Edited by Bénédict Winiger, Ernst Karner and Ken Oliphant
de Gruyter, Berlin/Boston
Hardcover. ISBN 978-3-11-053434-4
eBook. ISBN 978-3-11-053567-9
2018, 1286 pp