| Description |
xxxv, 226 pages ; 24 cm |
| Series |
Hart studies in private law ; volume 11 |
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Hart studies in private law ; volume 11
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| Contents |
Contents note continued: 4.The European Tort: State Liability for Breach of European Union Law -- Introduction -- I.The Development of State Liability for Breach of EU Law -- II.English Tort Law and the Eurotort: Balancing European Policy and National Autonomy -- Conclusion -- 5.Tort Law and Human Rights: A European Culture of Rights? -- Introduction -- I.Defamation -- II.Public Authority Liability in Tort -- Conclusion -- 6.A Right to Personal Privacy in the English Law of Torts? -- Introduction -- I.From Breach of Confidence to a ̀Tort' of Misuse of Private Information -- II.A ̀Euro' Tort of Misuse of Private Information? -- Conclusion -- 7.Europeanisation and English Tort Law: The Way Forward -- I.Finding Solutions -- II.Conclusions |
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Machine generated contents note: 1.Introduction -- I.The ̀Europeanisation' of English Tort Law: What do we mean by ̀Europeanisation'? -- II.Why Tort Law? -- Conclusion -- 2.Understanding ̀Europeanisation': Transplanting European Union and Human Rights Law into Domestic Law -- Introduction -- I.Europeanisation and the National Court: Dealing With New Sources of Law -- II.Europeanisation and Legal Transplants: Integrating European Law into the English Legal System -- III.The Task Ahead -- 3.Breaking Down the Frontiers: EU Law in the English Law of Torts -- Introduction -- I.English Tort Law and the Product Liability Directive -- II.Employers' Liability and the European Framework Directive -- III.Road Accidents and Insurance: EU Directives relating to Compulsory Third Party Insurance Cover for Motor Vehicle Accidents -- IV.Defamation and the Internet: The Electronic Commerce Directive 2000/31/EC -- Conclusion -- |
| Summary |
Tort law is often regarded as the clearest example of common law reasoning. Yet, in the past 40 years, the English common law has been subject to European influences as a result of the introduction of the European Communities Act 1972 and the Human Rights Act 1998. EU Directives have led to changes to product liability, health and safety law, and defamation, while Francovich liability introduces a new tort imposing State liability for breach of EU law. The 1998 Act has led to developments in privacy law and forced courts to reconsider their approach to public authority liability and freedom of expression in defamation law. Has Europeanization led to changes to the common law legal tradition or has the latter proved more resistant to change than might have been expected? This book identifies how English tort law has changed as a result of Europeanization - broadly defined as the influence of European Union and European human rights law - and examines how such developments have impacted traditional common law reasoning |
| Notes |
Table of cases: pages [xi]-xxvi |
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Table of legislation: pages [xxvii]-xxxv |
| Bibliography |
Includes bibliographical references and index |
| Subject |
European Court of Human Rights.
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Comparative law -- Europe.
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Human rights -- Europe -- History.
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Human rights -- Great Britain -- History.
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Law -- England -- European influences.
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Law -- European Union countries -- International unification.
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Law -- European Union countries.
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Torts -- England.
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Torts -- European Union countries.
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Torts -- Great Britain.
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| LC no. |
2013417713 |
| ISBN |
1849463190 |
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9781849463195 |
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