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INTERNATIONAL ENCYCLOPAEDIA FOR TORT LAW
Edited by Prof. Dr. Sophie Stijns
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OUTLINES
Model Monographs
Austria
The Author
Table of contents
List of abbreviations
General Introduction
§1. general background of the country
I. Geography
II. History
III. Political system
IV. Economic and Social values
§2. Legal systems
I. Primacy of Legislation and Codification
II. Position of the Judiciary
III. Distinction between public and private law
IV. sources of private law in General and of tort law in particular
§3. function of the law of torts (indemnification; prevention; sanction?)
§4. relationship between torts and criminal law
§5. relationship between contractual and delictual or tortious responsibility (is there a rule of non cumul; what about precontractual liability?)
§6. protected interests (are all interests equally protected; are subjective rights more protected than others?)
Selected Bibliography
Part I. Liability for One's Own Acts
Chapter 1. General Principles
§1. unlawfulness and fault
§2. concept of fault (which behaviour leads to tort liability?)
§3. duty of care
§4. capacity (infants, minors)
Chapter 2. Specific Cases of Liability (are all tort feasors subject to the same rules?)
§1. liability of professionals
I. In general (is there a higher standard of care?)
II. Medical Practitioners
III. Legal Practitioners
IV. Builders and Architects
V. Others (notaries, tax advisers, and accountants, banks ...)
§2. liability of public authorities (conditions; also against their organs?; is compensation in kind possible?)
§3. abuse of rights (i.e. injury caused in the exercise of legal rights; abuse of legal procedure)
§4. injury to reputation and privacy (of natural and juristic persons)
§5. interference by a third person with contractual relations
§6. others
Part II. Liability for Acts of Others
Chapter 1. Vicarious Liability
§1. employee/employer
§2. independent contractors
§3. liability of legal entities for acts of their organs (and for acts of persons entrusted with the power to act without being an organ)
Chapter 2. Liability of Parents, Teachers & Instructors (for children, minors, students, ...)
Chapter 3. Liability for Things and Animals
Part III. Forms of Strict Liability
Chapter 1. Road and Traffic Accidents
Chapter 2. Product Liability
Chapter 3. Liability for Service
Chapter 4. Environmental Liability
Chapter 5. Others
Part IV. Defenses and Exception Clauses
Chapter 1. Limitation of Action (suspension and interruption)
Chapter 2. Grounds of Justification
§1. consent
§2. necessity
§3. self help and self defence
§4. others
Chapter 3. Contributory Fault
Chapter 4. Exemption Clauses
Part V. Causation (concept; joint and several liability, ...)
Part VI. Remedies
Chapter 1. General Principles
Chapter 2. Kinds of Damages
§1. individual and collective damage
§2. direct and indirect
§3. pecuniary and non-pecuniary losses
§4. pure economic loss
§5. actual and future damage (lost profits)
§6. other costs (costs of assessing damage and liability; costs in obtaining judicial or extra judicial payment, ...)
§7. mitigation of damages
Chapter 3. Assessment and Compensation of Damages
§1. objective versus subjective
§2. concrete versus abstract
§3. methods of assessing damages
§4. equitable limitation of damages
§5. methods of payment
I. Lump sum
II. Annuities
III. Others
Chapter 4. Personal Injury and Death
§1. pecuniary losses
§2. non-pecuniary losses
Chapter 5. Various Damages (property)
Chapter 6. Interference with Collateral Benefits
§1. insurance
§2. social security
§3. others
Chapter 7. Other Remedies
§1. restitution (for injust enrichment)
§2. injunctive relief
§3. punitive damages
Index
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