European Tort Law

Recommended Prerequisites

General Theory of Civil Law.

Teaching Methods

Theoretical-practical teaching, based on analysis and discussion of "leading cases", based on a dogmatic structure consolidated by comparative civil law. Each student must choose a specific topic and develop a brief paper, to be discussed in classroom, based in a case and selection of at least two legal systems, in order to promote critical debate and the ability to reflect on comparative law.

Learning Outcomes

The Student must know civil liability law from a comparative law perspective. You should know the liability requirements in the various European legal systems, with special emphasis on continental law. Special civil liability regimes based on European Union law, such as product liability, will be privileged, but seek to go further, promoting the study of a common legal culture, based on codification projects and studies of comparative law carried out in the last 20 years. The Student must be able to demonstrate the ability to understand the main institutes of this branch of law and their implementation in some of the most striking positive rights in comparative law (France, Germany, England), based on Portuguese law.

Work Placement(s)

No

Syllabus

Introduction

Part I. Liability for One's Own Acts

Chapter 1. General Principles

Chapter 2. Specific Cases of Liability

Part II. Liability for Acts of Others

Chapter 1. Vicarious Liability

Chapter 2. Liability of Parents, Teachers & Instructors (for children, minors, students,...)

Chapter 3. Liability for Things and Animals

Part III. Forms of Strict Liability

Chapter 1. Road and Traffic Accidents

Chapter 2. Product Liability

Chapter 3. Liability for Service

Chapter 4. Environmental Liability

Chapter 5. Others

Part IV. Defenses and Exception Clauses

Chapter 1. Limitation of Action (suspension and interruption)

Chapter 2. Grounds of Justification

Chapter 3. Contributory Fault

Chapter 4. Exemption Clauses

Part V. Causation

Part VI. Remedies

Chapter 1. General Principles

Chapter 2. Kinds of Damages

Chapter 3. Assessment and Compensation of Damages

Chapter 4. Personal Injury and Death

Chapter 4. Personal Injury and Death

Chapter 5. Various Damages (property)

Chapter 6. Collateral benefits.

Head Lecturer(s)

André Gonçalo Dias Pereira

Assessment Methods

Assessment
Resolution Problems: 50.0%
Exam: 50.0%

Bibliography

- OLIVEIRA, Nuno Manuel Pinto de/ PEREIRA, André Gonçalo Dias, Tort Law in Portugal, Kluwer, 2020.

 http://ectil.org/ectil/getdoc/ef296d8c-ab87-437c-b26b-7e450549ce8e/The-European-Tort-Law-Yearbook.aspx

- PEREIRA, André “Portuguese Tort Law: A comparison with the Principles of European Tort Law”, in KOZIOL, H / STEININGER, B (Eds.), European Tort Law, 2005.

- MONTEIRO, Jorge Sinde/ PEREIRA, André Dias, “Princípios Europeus de Responsabilidade Civil”, EUROPEAN GROUP ON TORT LAW, Principles of European Tort Law, Springer, 2005, 251-257

B WINIGER/ H KOZIOL/ B A KOCH/ R  ZIMMERMANN, Digest of European Tort Law, Volume 1: Essential Causes on Natural Causation, Springer, Wien- New York, 2007

B WINIGER/ H KOZIOL/ BA KOCH/ R ZIMMERMANN (eds), Digest of European Tort Law, Volume 2: Essencial Cases on Damage, Berlin/ Boston, De Gruyter, 2011

B WINIGER/ E KARNER/ K OLIPHANT (eds), Digest of European Tort Law, Volume 3: Essential Causes on Misconduct, Berlin/ Boston, De Gruyter, 2018.