Name: Tort And Regulatory Law
Price: $164.25
Availability: InStock
ISBN: 9783211311332

Abbreviations	p. XIII
Introduction	p. 1
The Problem	p. 1
A Breach of Administrative Law Rules	p. 2
Acting in Compliance with Administrative Law Rules	p. 2
Compensation from Other Sources	p. 3
Structure of the Book	p. 3
Questionnaire	p. 5
General	p. 5
Safety Regulations and Provisions Aiming at Environmental Protection	p. 6
Fault-based Liability	p. 6
Compensation from Other Sources	p. 7
Some Cases	p. 7
Country Reports	p. 9
Tort and Regulatory Law in Austria	p. 11
General	p. 11
Safety Regulations and Provisions Aiming at Environmental Protection	p. 20
Fault-Based Liability	p. 25
Compensation from Other Sources	p. 29
Some Cases	p. 31
Delikts- und Verwaltungsrecht in Osterreich	p. 33
Allgemeines	p. 33
Sicherheitsvorschriften und umweltrechtliche Normen	p. 43
Verschuldenshaftung	p. 47
Andere Haftungsgrundlagen	p. 52
Einige Falle	p. 53
Tort and Regulatory Law in England and Wales	p. 57
General	p. 57
Safety Regulations and Provisions Aiming at Environmental Protection	p. 79
Fault-Based Liability	p. 82
Compensation from Other Sources	p. 85
Some Cases	p. 86
Tort and Regulatory Law in France	p. 89
General	p. 89
Safety Regulations and Provisions Aiming at Environmental Protection	p. 101
Fault-Based Liability	p. 105
Compensation from Other Sources	p. 109
Some Cases	p. 110
Tort and Regulatory Law in Germany	p. 115
General	p. 115
Safety Regulations and Provisions Aiming at Environmental Protection	p. 128
Fault-Based Liability	p. 135
Compensation from Other Sources	p. 146
Some Cases	p. 149
Tort and Regulatory Law in Hungary	p. 155
General	p. 155
Safety Regulations and Provisions Aiming at Environmental Protection	p. 160
Fault-Based Liability	p. 162
Compensation from Other Sources	p. 165
Some Cases	p. 166
Tort and Regulatory Law in Italy	p. 171
General	p. 171
Safety Regulations and Provisions Aiming at Environmental Protection	p. 177
Fault-Based Liability	p. 179
Compensation from Other Sources	p. 183
Some Cases	p. 184
Tort and Regulatory Law in The Netherlands	p. 187
General	p. 187
Safety Regulations and Provisions Aiming at Environmental Protection	p. 192
Fault-Based Liability	p. 196
Compensation from Other Sources	p. 199
Some Cases	p. 202
Tort and Regulatory Law in Norway	p. 205
General	p. 205
Safety Regulations and Provisions Aiming at Environmental Protection	p. 210
Fault-Based Liability	p. 213
Compensation from Other Sources	p. 217
Some Cases	p. 218
Tort and Regulatory Law in Poland	p. 223
General	p. 223
Safety Regulations and Provisions Aiming at Environmental Protection	p. 236
Fault-Based Liability	p. 241
Compensation from Other Sources	p. 245
Some Cases	p. 248
Tort and Regulatory Law in Spain	p. 251
General	p. 251
Safety Regulations and Provisions Aiming at Environmental Protection	p. 264
Fault-Based Liability	p. 280
Compensation from Other Sources	p. 286
Some Cases	p. 287
Tort and Regulatory Law in Switzerland	p. 295
General	p. 295
Safety Regulations and Provisions Aiming at Environmental Protection	p. 308
Fault-Based Liability	p. 313
Compensation from Other Sources	p. 318
Some Cases	p. 321
Tort and Regulatory Law in the United States of America	p. 329
Essay	p. 329
The Problem	p. 329
Breach of Rules	p. 330
Compliance with Rules	p. 335
Compensation from Other Sources	p. 342
Appendix - Answers to the Questionnaire	p. 346
General	p. 346
Safety Regulations and Provisions Aiming at Environmental Protection	p. 349
Fault-Based Liability	p. 350
Compensation from Other Sources	p. 351
Some Cases	p. 352
Special Reports	p. 355
Administrative Tort in Italian Law: Liability of Public Administrations and Diligence of Private Individuals	p. 357
Administrative Liability in Italian Law: An Overview	p. 357
Cassazione Decision of 22 July 1999, No. 500	p. 359
From Tort Law to Contractual Liability	p. 360
Tort Law and Non-Performance of Obligations: The Problem of Fault	p. 361
Why Should Fault be Provided?	p. 364
Liability and Reduction of Inefficiency, Disorganisation and Illegality	p. 365
Liability for the Conduct of Another Person (Vicarious Liability)	p. 367
How to Detect Negligence (and to Find the Individual Liability) with Regard to a Procedural Activity Performed in a Complex Organization	p. 368
Case Law and Responsibility Selectors	p. 369
The Problem of the Organizational Defects	p. 373
The Court of Justice and the Onus of Proving Fault	p. 374
The Relationship Between Regulation and Tort Law: Goals and Strategies	p. 377
Introduction	p. 377
The Goals of Regulation and Tort Law	p. 377
Inducing Optimal Care: Sanctions Regimes	p. 379
Inducing Optimal Care: Pricing Regimes	p. 381
Rationalising the Use of Tort and Regulatory Law	p. 384
Overlaps and Divergences Between Tort and Regulation	p. 386
Conclusions	p. 389
Regulatory Law and Insurance	p. 391
General Aspects	p. 391
Specific Issues	p. 393
Economic Analysis of Tort and Regulatory Law	p. 399
Introduction	p. 399
Differences Between Tort Law and Regulation	p. 400
Criteria for Safety Regulation	p. 403
The Need to Regulate Environmental Pollution	p. 405
Safety Regulation in Practice	p. 407
Instruments of Deregulation?	p. 408
Liability and Regulation: Exclusivity?	p. 409
Violation of Regulation and Liability	p. 410
Compliance with Regulation and Liability	p. 411
Summary	p. 415
Comparative Analysis and Conclusions	p. 417
On the Intersection Between Tort Law and Regulatory Law - A Comparative Analysis	p. 419
Introduction	p. 419
General Remarks on the Interplay Between Regulatory Law and Tort Law	p. 422
Liability Under Administrative Law as a Form of Interplay	p. 427
Breach of Regulatory Law as a Wrongful Act	p. 429
Who is Granted Protection Under Tort Law in the Case of a Breach of Regulatory Law?	p. 431
Specific Consequences of Breach of Regulatory Law in Tort	p. 433
Regulatory Compliance and Regulatory Permit as a Defence Against Liability	p. 436
Safeguarding Compensation	p. 439
Compensation in Cases of Lawful (Regulatory) Interference	p. 441
Some Cases	p. 443
The Function of Regulatory Law in the Context of Tort Law - Conclusions	p. 449
Preliminary Remarks	p. 449
Functional Differences Between Regulatory Law and Tort Law	p. 452
Regulatory Law Grounds for Liability	p. 455
How Regulatory Law May Exclude Liability	p. 460
Particularities of Safety Regulations and Environment-Related Regulations	p. 462
Concluding Remarks	p. 463
Index	p. 465
Publications	p. 473
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Tort And Regulatory Law

9783211311332

3211311335

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