Comparative Tort Law

Global Perspectives

2nd edition

9781789905977 Edward Elgar Publishing

Research Handbooks in Comparative Law series

Edited by Mauro Bussani, Professor of Comparative Law, University of Trieste, Italy and Adjunct Professor, University of Macau, S.A.R. of the P.R. of China and Anthony J. Sebok, Professor, Benjamin N. Cardozo School of Law, Yeshiva University, US and Distinguished Research Professor, College of Law, Swansea University, UK

Publication Date: 2021 ISBN: 978 1 78990 597 7 Extent: 584 pp

This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.

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Critical Acclaim

Contributors

Contents

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This revised second edition of Comparative Tort Law offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it examines common issues such as causation, economic and non-economic damages, product and professional liability, and the relationship between tort law and crime, insurance and public welfare schemes.

Featuring contributions from international experts, this book also provides a comprehensive comparative assessment of tort law cultures, contextualising them within the legal systems and societies that sustain them. Chapters cover many jurisdictions often overlooked in the mainstream literature, and explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.

Comparative Tort Law is a critical tool for students, scholars and academic researchers, especially those specialising in tort and comparative law. It will also be useful to policymakers, practitioners and judges, in particular those dealing with differing tort law systems.

Critical Acclaim

‘Many readers could benefit from consulting this book as an introductory text, or having it on-hand as a ready reference guide on comparative tort law concepts. This book will be a useful primer for a variety of readers, including practitioners who are looking for an introduction to comparative tort law and researchers who are interested in thinking about tort law’s philosophical and global concepts.’
– Anna Price, International Journal of Legal Information

‘Some of the most debated and difficult topics in comparative tort law are examined by authors who are not only outstanding comparative tort lawyers but also leading experts in these specific areas. The analysis of civil liability in unfamiliar legal systems helps to overcome the classical approach centred on common law and the three or four main European continental legal systems, and contributes to rounding off the breath of fresh air that the work provides in this field.’
– Miquel Martin Casals, University of Girona, Spain

Contributors

Contributors: D. Amram, A. Basir bin Mohamad, A.D. Borthakur, M. Bussani, E. Büyüksagis, U. Celli Jr., G. Comandé, D.N. Dagbanja, ‎G. Dari-Mattiacci, M. de Morpurgo, M. Dyson, I. Ebert, G. Gilleri, J. Gordley, J. Hao, E. Hondius, M. Infantino, D. Jutras, E. Matsumoto, U.K. Mookherjee, V.V. Palmer, F. Parisi, D. Peñailillo Arévalo, M. Reimann, A.J. Sebok, M. Subin Sunder Raj, S.D. Sugarman, S.C. Symeonides, A. Yagelnitskiy, F. Werro

Contents

Contents:

Preface to the Second Edition ix
1 Introduction to comparative tort law: global perspectives 1
Mauro Bussani and Anthony J. Sebok

PART I THE OVERALL SETTINGS
2 The many cultures of tort liability 9
Mauro Bussani and Marta Infantino
3 Tort law and conflict of laws 35
Symeon C. Symeonides
4 Compensation at the intersection of tort law and international human rights law 63
Giovanna Gilleri
5 Tort and crime 84
Matthew Dyson
6 Liability rules: an economic taxonomy 112
Giuseppe Dari-Mattiacci and Francesco Parisi
7 Tort law and insurance 133
Ina Ebert
8 Alternative compensation schemes from a comparative perspective 140
Daniel Jutras

PART II GENERAL ISSUES
9 The architecture of the common and civil law of torts: an historical survey 160
James Gordley
10 The bounds between negligence and strict liability 186
Franz Werro and Erdem Büyüksagis
11 Professional liability 214
Ewoud Hondius
12 Product liability 236
Mathias Reimann
13 Causation theories and causation rules 264
Marta Infantino
14 A comparative-law sketch of pure economic loss 284
Vernon Valentine Palmer
15 Tort damages for non-economic losses: personal injury 305
Stephen D. Sugarman
16 Tort damages for non-economic losses: methodological approaches for
comparative analysis served by new technologies 336
Denise Amram and Giovanni Comandé

PART III BEYOND THE LOOKING GLASS
17 Basics of Russian tort law 355
Alexander Yagelnitskiy
18 Tort law in Japan 373
Emi Matsumoto
19 Chinese tort law: tradition, transplants and some difficulties 397
Hao Jiang
20 Tort law in India 427
Manjeri Subin Sunder Raj, Ujal Kumar Mookherjee and Aman Deep Borthakur
21 The customary law of tort in sub-Saharan Africa 443
Dominic Npoanlari Dagbanja
22 Islamic tort law 469
Abdul Basir bin Mohamad
23 Tort law in Hispanic America 517
Marco de Morpurgo and Daniel Peñailillo Arévalo
24 Tort law in Brazil 539
Umberto Celli Jr

Index