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Full-Text Articles in Civil Law
Making European Tort Law: The Game And Its Players, Marta Infantino
Making European Tort Law: The Game And Its Players, Marta Infantino
Marta Infantino
In the last decades, building a common European tort law has become a primary goal for many European institutions and research groups. On the one hand, EU institutions frequently highlight the need of simplifying the current diversity in European tort law, and try to achieve this goal injecting the European legal framework with (so far quite incoherent) pieces of legislation. On the other hand, many research groups aim to enhance the Europanization process through means that are much differentiated one to the other. Some of these groups (like the European Group on Tort Law and the Study Group on a …
The Common Core Sounds. Short Notes On Themes, Harmonies And Disharmonies Of European Tort Law, Marta Infantino, Mauro Bussani, Franz Werro
The Common Core Sounds. Short Notes On Themes, Harmonies And Disharmonies Of European Tort Law, Marta Infantino, Mauro Bussani, Franz Werro
Marta Infantino
The goal of this paper is to present aims, methods and features of the research carried out by the ‘The Common Core of European Private Law” project in the field of tort law. Accordingly, we will first depict the immediate and long-term goals of the ‘Common Core’ endeavour, as well as its methodology and organisation. We will then illustrate the four tort law volumes that have been so far published within the project. This will lead us to find out the distinctive tenets of the Common Core approach as applied to tort law issues, and to put forward some remarks …
Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Dr. Yehuda Adar
Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Dr. Yehuda Adar
Yehuda Adar Dr.
Three years have passed since the Supreme Court of Canada rendered its controversial decision in Whiten v. Pilot Insurance Co. In that case, the Court affirmed an almost unprecedented punitive damage award by a jury of one million dollars against an insurance company. More importantly, the Whiten decision appears to be the first attempt by the Supreme Court to construct a comprehensive set of rules and principles in light of which punitive damages cases should be decided in the future. While the extraordinary monetary sanction upheld by the Court has attracted much attention in legal and commercial circles, it seems …