Research Handbook on EU Tort Law
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Research Handbook on EU Tort Law

Edited by Paula Giliker

The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.
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Chapter 15: The tort provisions of the Study Group on a European Civil Code and their uses

John Blackie

Abstract

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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