Elgar original reference
Edited by Jan M. Smits
Chapter 24: Damages (in tort)*
A comparative study of the law concerning damages is like a comparison of fruits from different trees: one cannot understand the true nature of the fruit without studying the tree that it originates from. For this reason, comparative studies of the law of damages are hampered by the very nature of the differences between the three major European legal families – the English, the French and the German systems being the most representative examples – regarding the sources of damages. This concerns the differences in approach of delictual and contractual liability as well as the differences in approach of varying forms of delictual liability (various heads of tortious liability), each possibly or actually having their own regime for damages. In this respect three major systems can be found (Zweigert and Kötz, 1996). In English law, the regime regarding damages is dependent upon the nature of a variety of specific torts, and, in the absence of a code, is to be found in case law as well as in the literature (McGregor, 2010; Tettenborn et al., 2010).
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.