Essential cases on misconduct

En savoir plus sur le livre

The various national legal systems in Europe present diverse responses to wrongful behavior or fault, which are essential for tortious liability. This work systematically examines these prerequisites under the term 'misconduct,' addressing a significant gap in existing literature. Unlike current textbooks and casebooks, it builds on decades of experience from national legal systems. Following the precedent set by previous volumes in the ‘Digest of European Tort Law’ series, it focuses on key elements such as natural causation and damage. The publication includes a selection of pivotal cases from 28 European states and the European Union courts, as well as historical cases. Each case is presented with its facts and court decisions, followed by analytical commentary. The editors also provide comparative analyses and a special report on how these key decisions would align with model European tort law rules. They believe this compilation can guide a gradual convergence of national legal systems in Europe, forming a rich and complex basis of common legal principles that surpasses the simplistic concepts found in national codifications and modern model rules.