Since its first appearance in 1986, this magisterial work has won uniform praise from many of the world’s leading comparatists. It has been acclaimed by senior judges and has been cited by the courts of many countries. This new, substantially rewritten and systematically updated fifth edition of the work, contains over 95 leading judgments, most translated in their entirety, along with references to over 2,000 other decisions from Germany and the common law world. While the book remains an ideal tool for teaching comparative torts and comparative methodology, the fact that it has been extensively rewritten makes it an indispensable source of inspiration for those with a professional interest in tort litigation and tort law reform. This edition has paid particular attention to liability for internet activity, medical liability and the protection of personality rights and private life.
1. Introduction I. A Bird’s Eye View of the Organisation of the German Courts in Civil Matters II. Style, Form and Content of Argument in the Judgments of the German Supreme Court III. Some Preliminary Observations on the BGB in General and the Delict Provisions in Particular IV. The Constitutionalisation of Private Law V. Amending the Civil Code VI. Bibliographical Survey 2. Breach of Protected Interests (§ 823 I BGB) I. Introductory Remarks II. The Rights and Interests Protected by § 823 I BGB III. Unlawfulness and Fault IV. The Duties of Care V. Causation 4. Specific Areas of Liability Under the Code: Economic Loss and Products I. Economic Loss II. Liability for Untrue Statements Under § 824 BGB III. Delictual Liability for Products IV. Strict Liability? V. The Fowl Pest Decision of 1968 and the Move from Contract to Delict VI. The Various Forms of Product Liability 5. Liability for Others I. The Tortious Liability for ‘Employees’: §§ 831, 278 BGB II. The Escape into Contract: § 278 BGB III. Liability Regimes in Labour Law IV. Liability for those in Need of Supervision, Especially Children: § 832 BGB 6. Medical Liability Colm McGrath I. Introduction II. The Doctrinal Basis of Medical Liability Claims III. Types of Claim IV. Procedural Indulgences V. Extra-Judicial Alternatives 7. No-Fault Liability I. German Approaches to No-Fault Liability 8. The Liability of Public Authorities I. Liability Under § 839 BGB and Article 34 GG II. No-Fault Liability of the Administration: Expropriation and Sacrificial Encroachment 9. The Law of Damages I. Preliminary Observations II. Personal Injury (Pecuniary Losses) III. Personal Injury (Non-Pecuniary Losses) IV. Ricochet Damage in the Context of Accidents V. Interference with the General Right to One’s Personality VI. Damage to Property
Sir Basil S Markesinis QC FBA LLD DR. H.C. (MULT.) is a Fellow of the British Academy, a Foreign Fellow of the Accademia dei Lincei of Rome, the Royal Belgian Academy of Arts and Sciences in Brussels, the Royal Netherlands Academy of Arts and Sciences in Amsterdam, and a Corresponding Fellow of the Academy of Athens and the Académie des Sciences Morales et Politques in France. He is a Bencher of Gray’s Inn. John Bell QC FBA is Professor of Law at the University of Cambridge. André Janssen is Professor of Private Law at Radboud University, Nijmegen.
