Since its first appearance in 1986, this magisterial work has won uniform praise from many of the world's leading comparatists. It has been acclaimed by senior judges and has been cited by the courts of many countries. This new, substantially rewritten and systematically updated fifth edition of the work, contains over 95 leading judgments, most translated in their entirety, along with references to over 2,000 other decisions from Germany and the common law world. While the book remains an ideal tool for teaching comparative torts and comparative methodology, the fact that it has been extensively rewritten makes it an indispensable source of inspiration for those with a professional interest in tort litigation and tort law reform. This edition has paid particular attention to liability for internet activity, medical liability and the protection of personality rights and private life.

Table Of Contents



1. Introduction

I. A Bird's Eye View of the Organisation of the German Courts in Civil Matters

II. Style, Form and Content of Argument in the Judgments of the German Supreme Court

III. Some Preliminary Observations on the BGB in General and the Delict Provisions in Particular

IV. The Constitutionalisation of Private Law

V. Amending the Civil Code

VI. Bibliographical Survey

2. Breach of Protected Interests (§ 823 I BGB)

I. Introductory Remarks

II. The Rights and Interests Protected by § 823 I BGB

III. Unlawfulness and Fault

IV. The Duties of Care

V. Causation

4. Specific Areas of Liability Under the Code: Economic Loss and Products

I. Economic Loss

II. Liability for Untrue Statements Under § 824 BGB

III. Delictual Liability for Products

IV. Strict Liability?

V. The Fowl Pest Decision of 1968 and the Move from Contract to Delict

VI. The Various Forms of Product Liability

5. Liability for Others

I. The Tortious Liability for 'Employees': §§ 831, 278 BGB

II. The Escape into Contract: § 278 BGB

III. Liability Regimes in Labour Law

IV. Liability for those in Need of Supervision, Especially Children: § 832 BGB

6. Medical Liability

Colm McGrath

I. Introduction

II. The Doctrinal Basis of Medical Liability Claims

III. Types of Claim

IV. Procedural Indulgences

V. Extra-Judicial Alternatives

7. No-Fault Liability

I. German Approaches to No-Fault Liability

8. The Liability of Public Authorities

I. Liability Under § 839 BGB and Article 34 GG

II. No-Fault Liability of the Administration: Expropriation and Sacrificial Encroachment

9. The Law of Damages

I. Preliminary Observations

II. Personal Injury (Pecuniary Losses)

III. Personal Injury (Non-Pecuniary Losses)

IV. Ricochet Damage in the Context of Accidents

V. Interference with the General Right to One's Personality

VI. Damage to Property