Edited by Paula Giliker
Chapter 15: The tort provisions of the Study Group on a European Civil Code and their uses
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.
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