Private Law and the many cultures of Europe
In: Private Law in European Context Series 10
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In: Private Law in European Context Series 10
In: Law and philosophy library 16
Nordic (Finnish, Swedish, Norwegian and Danish) tort law illustrates the oscillation between negligence and forms of strict liability in contemporary tort law. Starting from negligence as the main rule Nordic tort law has through both legislation and court practice pragmatically developed several instances of strict liability. Therefore, as to strict liability Nordic tort law appears fragmented and there are differences in detail between the Nordic countries as well. However, in the paper this lack of rigid systematics is not pictured as a failure, but rather as a natural reaction to the need of experimentalism in late modern tort law. The inherent uncertainty of the risk society in combination with the stability demands of the insurance society is well served by situation-specific reactions to new dangers stabilizing in islands of strict liability. A combination of a generalizing and a case list method offers the courts tools for a continuously learning law. However, when assessing the general system of compensation for personal injury, such learning through case law can only provide pointillistic improvement. The bulk of personal injury cases, related i.a. to traffic and employment, is, also in the Nordic countries, covered by legislation based on strict liability and mandatory insurance. ; Peer reviewed
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In: European journal of risk regulation: EJRR ; at the intersection of global law, science and policy, Band 6, Heft 1, S. 168-170
ISSN: 2190-8249
In: European Review of Private Law, Band 10, Heft 1, S. 77-94
ISSN: 0928-9801
In: European Review of Private Law, Band 5, Heft 2, S. 151-156
ISSN: 0928-9801
In: European review of contract law: ERCL, Band 4, Heft 2
ISSN: 1614-9939
In: European business law library
chapter 1 Introduction -- chapter 2 Consumer Safety -- chapter 3 Consumer Contracts - General Principles -- chapter 4 Advertising -- chapter 5 Trade Practices -- chapter 6 Financial Services -- chapter 7 Tourism -- chapter 8 Access to Justice -- chapter 9 Conclusions -- chapter 10 Epilogue.
In: European review of contract law: ERCL, Band 2, Heft 4
ISSN: 1614-9939
In: Research handbooks in international law
In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU's consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU's approach to consumer law and policy.
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This title is published in Open Access with the support of the University of Helsinki. ; In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU's consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU's approach to consumer law and policy.
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In: Markets and the law
The rich canvas of EU consumer law : an introduction -- Regulation of unfair commercial practices -- Pre-contractual information duties and the right of withdrawal -- Unfair contract terms -- Consumer sales -- Consumer and mortgage credit -- Product liability and safety -- EU consumer access to justice and enforcement -- To boldly go where EU consumer law has not gone before : conclusions