P r o g r a m m e
LESSON 1. HARMONISATION OF TORT LAW IN
1. The harmonisation of Private Law in Europe. 2. Paths to harmonisation:
3. Harmonisation/approximation by Principles. 4. The European Principles
of Tort Law (PETL).
LESSON 2. THE FUNCTIONS OF TORT
1. Compensation and its different meanings.
2. From loss-shifting to loss-spreading. 3. Deterrence of undesirable
behaviour? 4. Avoidance of inefficient behaviour?
LESSON 3.- THE MAIN EUROPEAN APPROACHES TO
1. The English Approach. 2. The German
Approach. 3. The French/Spanish Approach. 4. Other Approaches.
1. The basic Norm. 2. Walter Wilburg’s
“Flexible System”. 3. The meaning of “Protected Interests” in a
“flexible” system. 4. In particular, the notion of “pure economic loss”.
“in fact” (causation or conditio sine qua non) and causation “in law” (Scope
of Liability). 2. Concurrent causes, alternative causes, potential causes.
3. Uncertain partial causation and uncertain causes within the victim’s
sphere. 4. Where to place the loss of chance / perte d’une chance doctrine?
5. The scope of liability: criteria.
LESSON 6. LIABILITY BASED ON
1. The objective concept of “fault”. 2. The
required standard of conduct. 3. The adjustment due to age, mental and
physical disability or extraordinary circumstances: “subjective” versus
“objective” fault. 4. In particular, the existing European legal systems of
liability of children. 5. The “good Samaritan”. 6. The reversal of the
burden of proof. 7. Enterprise liability.
LESSON 7. STRICT LIABILITY
1. Strict liability for “abnormal dangerous
activities”. 2. Other cases of strict liability.
LESSON 8. LIABILITY FOR OTHERS
1. Liability for minors or mentally disabled
persons. 2. In particular, the existing European legal systems of liability
of parents and other guardians and institutions. 3. Pros and cons of the
system adopted by the Principles. 4. Liability for auxiliaries and the case
of the “independent contractor”.
LESSON 9. DEFENCES IN GENERAL
1. Self-defence. 2. Necessity. 3. Self-help.
4. Consent of the victim. 5. Assumption of risk. 6. Lawful authority.
LESSON 10. CONTRIBUTORY
1. The so-called “contributory conduct or
activity”. 2. Conditions of contributory negligence. 3. Consequences of
contributory negligence. 4. Cases of “identification”.
LESSON 11. MULTPLE TORTFEASORS
1. Relation between the victim and multiple
tortfeasors: solidary and several liability. 2. The “internal” relationship
between solidary tortfeasors.
LESSON 12. DAMAGES IN GENERAL
1. Nature and purpose of damages. 2. Lump sum
and periodical payment. 3. Benefits gained through the damaging event (compensatio
lucri cum damno). 4. Restoration in kind. 5. The reduction clause.
LESSON 13. PECUNIARY DAMAGE
1. Nature and determination of pecuniary
damage. 2. Pecuniary damage resulting from personal injury and death. 3.
Pecuniary damage resulting from destruction or damage to things.
LESSON 14. NON-PECUNIARY DAMAGE
1. The great disparity in compensation for
non-pecuniary damage in Europe. 2. In particular, the so-called danno
biologico and the tariffication for personal injury. 3. The Principles’
Cees van DAM, European Tort Law,
Oxford, Oxford University Press, 2006 (new in paperback, 2007).
van GERVEN et alii, Cases, Materials and Text on National,
Supranational and International Tort Law, 2nd.ed., Oxford, Hart,
2001. See also
complementary materials on the website of the Project.
The European Group on Tort Law,
Principles of European Tort Law. Text and Commentary, Wien,
YOUNGS, English, French and German Comparative Law, 2nd. ed. London,
von BAR, The Common European Law of Torts, 2 vols. Oxford,
Clarendon, 1998 y 2000