The German Law of Torts

Basil Markesinis, QC, LL.D. (Cantab.) DCL (Oxon) D.Iur h.c. (Ghent, Paris I (Sorbonne), and Munich), is Professor of Common and Civil Law at University College London and Jamail Regents Chair at the University of Texas at Austin. Hannes Unberath, MJur (Oxon), DPhil (Oxon) recently completed his postgraduate studies at Oxford University.

Part 1 Introduction: a bird's-eye view of the organization of the German courts in civil matters; style, form and content of argument in the judgements of the BGH; the delict provisions of the BGB; other relevant provisions of the BGB; reform proposals concerning some of the BGB provisions; the BGB-reform in force as of 1 January 2002; some preliminary observations on the BGB in general and the delict provisions in particular; the constitutionalization of private law; the Human Rights provisions of the Constitution of the Federal Republic of Germany of 8 May 1949 (as subsequently amended); amending the code; bibliographical survey. Part 2 Liability under SS 823 1 BGB: commentary - introductory remarks, the rights and interests protected by SS 823 1 BGB, unlawfulness and fault, the duties of care, causation; cases - nervous shock, pre-natal injuries, "wrongful life" and "wrongful birth", unwanted pregnancies, economic loss (cable cases), economic loss (loss of use, other possible headings), economic loss (negligent statements), economic loss (legal malpractice), "other rights" (family relationships), "established and operating business", the "constitutionalization" of private law, personality and privacy rights, unlawfulness and fault, duties of care, product liability, damage caused "to" the product, causation. Part 3 Liability for others, labour law and stricter forms of liability: commentary - SS 831 and 278 BGB, the escape into contract - SS 278 BGB, liability regimes in labour law, miscellaneous matters, other instances of presumed fault or strict liability in the civil code, strict liability; cases - SS 831 BGB, SS 278 BGB (or SS 831 BGB), road traffic act of 19 December 1952 (BGB1.1 837), strict liability act 1978, environmental liability act 1990, consumer legislation and defective products. Part 4 The remaining provisions of the German civil code and the law of damages: commentary - two more general clauses, other headings of tortious liability, compensation and satisfaction; cases - SS 823II BGB, liability of statutory bodies (SS 839 BGB), compensation and satisfaction.