The Common European Law of Torts

This book is the second of a two-volume treatise on the law of non-contractual obligations. The result of a unique attempt to discover the common elements of the law of torts of all the member states of the EU, it is founded on the belief that the approximation of European laws should not be left to the directives and regulations of Brussels alone. To this end, von Bar has undertaken a thorough detailed analysis of the relevant court rulings and academic writings of all the jurisdictions of the European Union to distil a common European law of torts. The insights gained from the comparative analysis also offer a guidance to greater harmonization in the future. This second volume commences with a chapter on loss, damage, and damages, before proceeding with a detailed analysis of liability for breach of duty. This third chapter is devoted to strict liability, the fourth to causation and remoteness of damage, and the fifth to general defences.