Unification of Tort Law: Wrongfulness

The foundations of tort law in various European legal systems differ considerably. This text addresses the fundamental questions underlying every tort law system and attempts to harmonize the entire field of tort law in a consistent manner. The book aims to identify these principles, thus searching for a common law of Europe, without the necessity yet to lay these principles down in formal legal texts, such as a European civil code. Discussing the most relevant factors in establishing liability as wrongfulness, causation, damage, fault and the area of strict liability, the group in this book concentrates on the topic of "wrongfulness", trying to combine theoretical abstract analysis with the discussion of concrete cases. Firstly, the authors give an overview of wrongfulness under their national legal systems, primarily by working out its concept and its importance in establishing liability. Secondly, concrete cases are solved. The subsequent conclusions aim at the co-ordination of the results and the supplementation of other important factors. Furthermore, some members of the group work out the nature of the protected interests and the important reasons for the extent of protection and discuss the borderline between contractual and tortious liability. In summary, the book not only attempts to clarify the grounds common to wrongfulness underlying all the legal systems concerned with respect to the laws of tort, but also informs academics and practitioners of the fundamental questions of wrongfulness underlying the law of tort in a particular country.