Books in the Tort and Insurance Law series

Tort Law in the Jurisprudence of the European Court of Human Rights

The study will consist of reports from different countries and will focus on the compensation of occupational diseases and accidents.

Medical Malpractice and Compensation in a Global Perspective

Courts have, traditionally, required the plaintiff to prove to the requisite standard of proof that causation exists. This monograph addresses what has, to date, been a modest reform toward permitting recovery based on a probability that causation exists, discounting the damages awarded by the probability of causation.

The debate about the use of genetically modified organisms is fuelled by the fear of potential hazards of GM farming. This title compares more than twenty jurisdictions in this respect, provides special analyses from an economic and insurance perspective and also addresses cross-border problems and international law.

Compensation for loss of housekeeping capacity is one of the main heads of damages awarded for personal injury, and therefore of great practical importance to both accident victims and liability insurers. This title examines national approaches to the award of such damages, addressing both the concepts employed in different national systems.

In recent years several cases concerning the liability of directors and officers have courted controversy. Arguments raised in such discussions oscillate between two extremes: on the one hand, the need for governing bodies to give a space to entrepreneurial discretion and on the other hand to ensure the protection of investors in and creditors of a company from the consequences of disadvantageous decisions by those bodies. In light of the geographical dispersal of the above stakeholders, the study offers a comparative insight into the liability of directors and officers in 10 key European jurisdictions (in particular, Austria, Czech Republic, Germany, Italy, the Netherlands, Norway, Poland, Spain and Switzerland) and 4 non-European jurisdictions (namely Brazil, Israel, Turkey and the United States). Amongst other things it investigates existing company law principles on the topic and examines their interaction with tort law and other fields with a view to suggesting principles for better stakeholder protection. National reports are complemented by an economic analysis and insurance, conflict of laws and comparative reports. The study also benefits from case study analyses.