Richard Peltz-Steele, ‘Wrongs, Rights, and Remedies: A Yankee Romp in Recent European Tort Law’

This article explores developments in European tort law reported by country at the 2015 European Tort Law Institute. Reported developments were selected for recurring themes and compared with analogous problems in US tort law. Though by no means a statistical survey, the reports are indicative of contemporary issues of interest to informed European lawyers and educators. The recurring themes were (a) damages valuation and compensation for life and death; (b) multiple liabilities; (c) interplay of tort and insurance; (d) official liability and civil rights; and (e) consumer class actions. Analyzing these threads, the article concludes (1) that US and European courts reason similarly on common problems in tort logistics, but differ in justification for employing equity and policy norms; (2) that US and European courts similarly tend to defer to tort legislation, though differ in willingness to imbue statutory construction with normative discretion; and (3) that at least the sampled European courts exhibited a greater willingness than is common among US courts to champion individual causes against the state. These comparisons afford an opportunity to study legal systems of variable geographic and cultural origin, and of common law and civil code tradition, as they wrestle with the simple yet intractable problem of how society should respond to civil wrongs.

Peltz-Steele, Richard J, Wrongs, Rights, and Remedies: A Yankee Romp in Recent European Tort Law (November 9, 2015). Indiana International and Comparative Law Review, forthcoming.

First posted 2015-11-14 09:17:50

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