Tort Law
Tort law provides remedies for civil wrongs that cause harm to persons, property, or economic interests. It covers intentional torts, negligence, strict liability, defamation, and products liability, as well as damages and defenses. This category explores how different legal systems allocate responsibility for harm and compensate victims through tort law.
Chinese Environmental Tort
Environmental Tort under the Civil Code Environmental tort liability in China is governed by Articles 1229 through 1235 of Book VII (Tort Liability) of the Civil Code of the People’s Republic of …
Chinese Tort Law
Sources and Structure Chinese tort law is codified in Book VII (Tort Liability) of the Civil Code, effective 1 January 2020. Book VII (Articles 1164–1258) succeeded the Tort Liability Law of 2009 and …
Defamation Law in England and Wales
Introduction Defamation law in England and Wales protects reputation — the right of individuals and businesses not to have false statements published that lower them in the estimation of …
EU Tort Law
Sources and Structure EU tort law operates at multiple levels. The Treaty on the Functioning of the European Union (TFEU) provides for the non-contractual liability of the Union itself (Article 340(2) …
French Defamation Law
The Law of 29 July 1881 French defamation law is governed by the Loi du 29 juillet 1881 sur la liberté de la presse, one of the oldest and most distinctive media law frameworks in Europe. The 1881 Law …
French Nuisance Liability
The Doctrine of Troubles Anormaux du Voisinage French nuisance law is governed by the autonomous doctrine of troubles anormaux du voisinage (abnormal neighbourhood disturbances), which has been …
French Tort Law
Sources and Evolution French tort law (droit de la responsabilité civile) is codified in Articles 1240–1244 of the Civil Code (formerly Articles 1382–1386, renumbered by the 2016 Ordinance on the Law …
French Traffic Accident Liability (Badinter Law)
The Badinter Law: French Traffic Accident Liability The loi du 5 juillet 1985 tendant à l’amélioration de la situation des victimes d’accidents de la circulation et à l’accélération …
German Delict Law (BGB §§ 823–853)
The Three Small Clauses German delict law (Deliktsrecht) is codified in §§ 823–853 of the Bürgerliches Gesetzbuch (BGB) and is structured around three general clauses — sometimes called the …
German Product Liability Law
German product liability law operates on two levels: the delictual liability of producers under the general tort law of the Bürgerliches Gesetzbuch (BGB), developed by the courts as the doctrine of …
German Tort Law
Sources and Structure German tort law (Deliktsrecht) is codified in the Bürgerliches Gesetzbuch (BGB) §§ 823–853, forming part of the Law of Obligations (Schuldrecht). Unlike the open-ended general …
Intentional Torts
Introduction Intentional torts are civil wrongs in which the defendant acted with the intent to cause a particular consequence. Unlike negligence, which requires only a failure to exercise reasonable …
Law of Delict in South Africa
Introduction The South African law of delict (the equivalent of tort law in common law systems) governs civil liability for wrongful conduct causing harm. Rooted in Roman-Dutch law, the law of delict …
Medical Malpractice in China
Civil Code Provisions on Medical Damage Medical malpractice liability in China is governed by Book VII (Tort Liability) of the Civil Code (Articles 1218–1228), which codified and refined the medical …
Moral Damage in Russian Tort Law
Civil Code Provisions on Moral Damage Moral damage (moralny vred) in Russian tort law is governed by Articles 151 and 1099–1101 of the Civil Code of the Russian Federation (Grazhdansky Kodeks …
Negligence
Introduction Negligence is the most important tort in American law. A negligence claim requires proof of four elements: duty, breach, causation, and damages. The plaintiff must establish that the …
Negligence in English Tort Law
Introduction The tort of negligence is the most important and expansive tort in English law. It provides a remedy for harm caused by the failure to take reasonable care, protecting individuals against …
Negligence Law in Australia
Introduction Negligence is a central tort in Australia law, imposing liability for harm caused by failure to exercise reasonable care. The tort of negligence protects individuals from careless conduct …
Negligence Law in Brazil
Introduction Negligence is a central tort in Brazil law, imposing liability for harm caused by failure to exercise reasonable care. The tort of negligence protects individuals from careless conduct …
Negligence Law in Canada
Introduction Negligence is a central tort in Canada law, imposing liability for harm caused by failure to exercise reasonable care. The tort of negligence protects individuals from careless conduct …
Negligence Law in Japan
Introduction Negligence is a central tort in Japan law, imposing liability for harm caused by failure to exercise reasonable care. The tort of negligence protects individuals from careless conduct …
Negligence Law in Mexico
Introduction Negligence is a central tort in Mexico law, imposing liability for harm caused by failure to exercise reasonable care. The tort of negligence protects individuals from careless conduct …
Negligence Law in Nigeria
Introduction Negligence is a central tort in Nigeria law, imposing liability for harm caused by failure to exercise reasonable care. The tort of negligence protects individuals from careless conduct …
Negligence Law in South Africa
Introduction Negligence is a central tort in South Africa law, imposing liability for harm caused by failure to exercise reasonable care. The tort of negligence protects individuals from careless …
Negligence Law in South Korea
Introduction Negligence is a central tort in South Korea law, imposing liability for harm caused by failure to exercise reasonable care. The tort of negligence protects individuals from careless …
Nuisance and the Rule in Rylands v Fletcher
Introduction The law of nuisance and the rule in Rylands v Fletcher (1868) govern interferences with a person’s use or enjoyment of land and liability for the escape of dangerous things. …
Occupiers' Liability in English Law
Introduction Occupiers’ liability is a specific area of tort law governing the duty owed by occupiers of premises to persons who come onto their premises. The law distinguishes between visitors …
Personality Rights in Chinese Tort Law
Civil Code Book IV: Personality Rights The Civil Code of the People’s Republic of China (mínfǎ diǎn), effective 1 January 2021, introduced Book IV (Personality Rights) as the first dedicated …
Product Liability Directive (85/374 as amended)
The Product Liability Directive (Council Directive 85/374/EEC of 25 July 1985 as amended) establishes a regime of strict liability for defective products across the European Union. One of the earliest …
Product Liability in China
Product liability in China is governed by the Civil Code (Book VII, Tort Liability) and the Product Quality Law (Chanpin Zhiliang Fa, 产品质量法, 1993, amended 2000, 2009, 2018). The legal framework …
Products Liability
Introduction Products liability law holds manufacturers and sellers responsible for injuries caused by defective products. Liability may be based on negligence, breach of warranty, or strict …
Rome II Detailed Application: Specific Torts
The Rome II Regulation (Regulation (EC) 864/2007) establishes a comprehensive choice-of-law framework for non-contractual obligations, including specific rules for product liability, competition …
Russian Compensation for Harm
General Principles The law of compensation for harm (vozmeshchenie vreda) in Russia is codified in Chapter 59 of the Civil Code of the Russian Federation (Articles 1064–1101), titled Obligations …
Russian Tort Law
Sources and Structure Russian tort law is codified in the Civil Code of the Russian Federation (Гражданский кодекс Российской Федерации), specifically Chapter 59 (Articles 1064–1101) on …
Strict Liability Torts in Australia
Introduction Strict liability in Australia tort law imposes liability without proof of fault in certain circumstances. Strict liability applies to inherently dangerous activities, defective products, …
Strict Liability Torts in Brazil
Introduction Strict liability in Brazil tort law imposes liability without proof of fault in certain circumstances. Strict liability applies to inherently dangerous activities, defective products, and …
Strict Liability Torts in Canada
Introduction Strict liability in Canada tort law imposes liability without proof of fault in certain circumstances. Strict liability applies to inherently dangerous activities, defective products, and …
Strict Liability Torts in Japan
Introduction Strict liability in Japan tort law imposes liability without proof of fault in certain circumstances. Strict liability applies to inherently dangerous activities, defective products, and …
Strict Liability Torts in Mexico
Introduction Strict liability in Mexico tort law imposes liability without proof of fault in certain circumstances. Strict liability applies to inherently dangerous activities, defective products, and …
Strict Liability Torts in Nigeria
Introduction Strict liability in Nigeria tort law imposes liability without proof of fault in certain circumstances. Strict liability applies to inherently dangerous activities, defective products, …
Strict Liability Torts in South Africa
Introduction Strict liability in South Africa tort law imposes liability without proof of fault in certain circumstances. Strict liability applies to inherently dangerous activities, defective …
Strict Liability Torts in South Korea
Introduction Strict liability in South Korea tort law imposes liability without proof of fault in certain circumstances. Strict liability applies to inherently dangerous activities, defective …
Tort Law in Australia
Introduction Australian tort law is a hybrid of the English common law received at settlement and substantial legislative reform, particularly following the Ipp Report of 2002 (Review of the Law of …
Tort Law in Brazil
Introduction Tort law in Brazil (Direito da Responsabilidade Civil) governs the obligation to compensate for damages caused by wrongful conduct or dangerous activities. Codified primarily in the …
Tort Law in Canada
Introduction Canadian tort law is rooted in the English common law received by the provinces and territories at Confederation. While Parliament and the provincial legislatures retain the power to …
Tort Law in Japan
Overview and Sources Japanese tort law is governed principally by Book V of the Civil Code (Minpo), Articles 709 through 724. The Civil Code was enacted in 1896 and drew heavily from the French Civil …
Tort Law in Mexico
Introduction Mexican tort law (responsabilidad civil extracontractual) is governed by the Federal Civil Code (Código Civil Federal, CCF) and state civil codes, rooted in the civil law …
Tort Law in Nigeria
Introduction Tort law in Nigeria is founded on the English common law of torts as received into Nigerian jurisprudence through the colonial legal inheritance. The Supreme Court has consistently …
Tort Law in South Korea
Introduction South Korean tort law (delict law) is codified in Part III (Obligations), Chapter V (Torts) of the Civil Code (Articles 750–766). The law draws from the German BGB (paragraphs 823–853) …
Tort Remedies
Introduction Tort remedies are designed to compensate injured plaintiffs for harm caused by the defendant’s wrongful conduct. The principal remedy is compensatory damages, which aim to restore …
UK Tort Law
The Tort of Negligence Negligence requires proof of a duty of care, breach of that duty, factual and legal causation, and damage not too remote. Duty of Care. The modern law begins with Donoghue v. …
US Tort Law
Sources and Structure of US Tort Law US tort law is primarily state common law, developed through judicial decisions rather than codified statutes. The American Law Institute’s Restatements of …