Global Issues in Tort Law

by Davies, Julie A.; Hayden, Paul T.

• ISBN13: 9780314167590
• ISBN10: 0314167595
• Edition: 1st
• Format: Paperback
• Copyright: 2007-11-26
• Publisher: West Academic Publishing

Summary

Global Issues in Tort Law covers several facets of tort law as seen in global perspective: (1) the tort law of other countries, seen in comparison to U.S. law; (2) domestic U.S. statutes with an international tort law aspect (such as the Alien Tort Statute, the Anti-Terrorism Act and the Foreign Sovereign Immunities Act); and (3) international tort treaties, such as the Warsaw Convention. The book provides a rich selection of materials in manageable chapters that will add depth and perspective to your students' views of the U.S. tort system and the larger legal world. While primarily intended for use as a supplement in torts courses, the book is also suitable as the foundation for a stand-alone course.

Table of Contents

Preface	p. v
Acknowledgments	p. ix
Table of Cases	p. xxiii
Global Torts: Comparing the Major Systems	p. 1
References	p. 15
Tort Liability for Verbal Insults	p. 18
The Role of Customary Law in Ghana	p. 18
The Clash of Legal Cultures: The Treatment of Indigenous Law in Colonial and Post-Colonial Africa	p. 18
Note	p. 19
Constitution of the Republic of Ghana	p. 20
Note	p. 21
Actionability of Verbal Insult Under Customary Law	p. 21
Nkrumah and Another v. Manu	p. 22
Notes	p. 24
The Alien Tort Statute and the Torture Victim Protection Act	p. 27
The Alien Tort Statute	p. 28
Filartiga v. Pena-Irala	p. 28
Notes	p. 38
Sosa V. Alvarez-Machain	p. 41
Notes	p. 49
The Torture Victim Protection Act	p. 52
Notes	p. 53
The Anti-Terrorism Act	p. 56
Gilmore v. Palestinian Interim Self-Government Authority	p. 56
Notes	p. 62
Boim v. Quranic Literacy Institute and Holy Land Foundation For Relief and Development	p. 64
Notes	p. 73
Liability of Parents and Children	p. 75
Liability of Parents for Torts of Children: Gardien Liability	p. 75
French Civil Code, Article 1384	p. 76
Courts A Comparative and Political Analysis	p. 76
Notes	p. 79
Bertrand v. Domingues	p. 80
Note	p. 81
Parental Liability for the Acts of Their Children	p. 81
Notes	p. 82
Liability of Children For Their Own Torts	p. 82
Arret Sabatier	p. 83
Note	p. 84
The Common European Law of Torts	p. 84
Note	p. 85
Children as Tortfeasors under Dutch Law in Children in Tort Law	p. 85
Notes	p. 86
The Warsaw Convention	p. 87
The "Accident" Requirement	p. 90
Air France v. Saks	p. 90
Notes	p. 97
Remedial Exclusivity and Legally-Cognizable Harm	p. 99
El Al Israel Airlines, Ltd. v. Tseng	p. 99
Notes	p. 109
"Willful Act" Exclusion	p. 111
Koirala v. Thai Airways International, Ltd.	p. 111
Notes	p. 116
Nonfeasance and the Duty to Rescue	p. 118
The Common Law Approach	p. 118
Smith v. Littlewoods Organisation Ltd.	p. 118
Notes	p. 119
The Civil Law Approach	p. 120
German Penal Code [section] 323c	p. 120
Notes	p. 120
French Penal Code Article 223-6	p. 121
Notes	p. 122
Should We Adopt the French Approach?	p. 123
The French Experience with Duty to Rescue: A Dubious Case for Criminal Enforcement	p. 123
Notes	p. 126
Medical Malpractice: Non-disclosure and Informed Consent	p. 130
Contract or Tort?	p. 130
Non-Disclosure Malpractice	p. 132
Informed Consent and Patients' Rights in Japan	p. 133
Notes	p. 138
Governmental Liability	p. 141
Comparative Overview	p. 141
The Civil Law Tradition, An IntroductionTo The Legal Systems Of Europe And Latin America	p. 142
Note	p. 143
Government Accountability in Europe: A Comparative Assessment	p. 144
Notes	p. 146
Governmental Accountability for Failure to Regulate or Protect	p. 148
Estate of Carlos Picado-Gonzalez v. the State	p. 151
Notes	p. 153
Governmental Accountability in a State-Dominated System	p. 153
Qiao Fenzghu (Plaintiff) and Xinfu District Branch of the Public Security Bureau of Fushun City (Defendant)	p. 156
Notes	p. 157
Domestic Tort Claims Against Foreign Nations: The Foreign Sovereign Immunities Act	p. 159
The Tortious Conduct Exception	p. 159
O'Bryan v. Holy See	p. 159
Notes	p. 169
The Terrorism Exception	p. 170
Weinstein v. Islamic Republic of Iran	p. 170
Notes	p. 177
Liability for Defective Products	p. 180
When is a Product Defective?	p. 180
The U.S. Approach	p. 180
Overview of the Prevailing Approach in Europe and Elsewhere	p. 181
Liability for Defective Products at the Beginning of the Twenty-First Century: Emergence of a Worldwide Standard?	p. 182
The EC Directive on Defective Products	p. 184
Harmonization of Products Liability Law in the European Community	p. 185
Notes	p. 186
The Debate Over the Likely Impact of the Directive	p. 190
What Europe, Japan, and Other Countries Can Learn From the Anew American Restatement of Products Liability	p. 190
Products Liability in the United Kingdom: The Myths of Reform	p. 191
Liability for Defective Products at the Beginning of the Twenty-First Century: Emergence of a Worldwide Standard?	p. 193
Notes	p. 195
Exploring Differences in the Role of Regulation	p. 197
EC and US Approaches to Consumer Protection-Should the Gap Be Bridged?	p. 198
Notes	p. 201
Keynote Paper: Reassessing Regulatory Compliance in Symposium, Regulatory Compliance as a Defense to Product Liability	p. 202
Notes	p. 205
Privacy	p. 208
Historical Background	p. 209
Impact of the European Convention on Human Rights	p. 209
Introduction	p. 209
Convention for the Protection of Human Rights and Fundamental Freedoms, Articles 8 & 10	p. 210
The Effect of the ECHR in the UK, France and Germany	p. 211
United Kingdom	p. 211
Campbell v. MGN Ltd.	p. 214
Notes	p. 219
France and La Vie Privee	p. 221
Germany	p. 222
The Law of Torts in Introduction to German Law	p. 222
Notes	p. 223
Von Hannover v. Germany, European Court of Human Rights	p. 224
Notes	p. 231
Defamation	p. 234
History	p. 234
The History and Theory of the Law of Defamation	p. 234
Notes	p. 236
Comparison of English and American Law	p. 236
The Reynolds Privilege	p. 237
Reynolds v. Times Newspapers Ltd.	p. 237
A Resounding Victory for Newspapers	p. 240
Jameel & Others v. Wall Street Journal Europe Sprl.	p. 241
Notes	p. 243
Public Versus Private Figures	p. 243
Publish at Your Own Risk or Don't Publish At All: Forum Shopping Trends in Libel Litigation Leave the First Amendment Un-Guaranteed	p. 244
Note	p. 245
The Impact of the European Convention on Human Rights	p. 245
Defamation Laws in Europe	p. 245
International Treaties and Conventions	p. 246
Convention for the Protection of Human Rights and Fundamental Freedoms, Art. 10	p. 247
Note	p. 247
Lingens v. Austria	p. 247
Notes	p. 251
Countries Not Party to the European Convention on Human Rights	p. 252
Remedies	p. 254
Global Tort Litigation: A Case Study	p. 257
Case Study Background	p. 258
Introduction: Clinical Trials Using Foreign Citizens	p. 258
Fitting a Square Peg Into a Round Hole? Imposing Informed Consent and Post-Trial Obligations on United States Sponsored Clinical Trials in Developing Countries	p. 259
International Declarations, Guidelines and Conventions	p. 259
U.S. Regulatory law	p. 261
The Pfizer Meningitis Study in Nigeria	p. 262
The Substantive and Procedural Hurdles to Litigating Against Pfizer in the United States	p. 263
Ajudu Ismaila Adamu et al., v. Pfizer, Inc.	p. 263
Notes	p. 269
Concluding Thoughts	p. 271
Index	p. 273
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