Defences to tortious and contractual liability in French law
<strong>Extract:</strong> This chapter is in two sections. Section I examines general issues surrounding defences in French tort and contract law, comparing the position to that in English law. Section IA considers the meaning of the term ‘defence’, and identifies a number of concepts to...
| Tác giả chính: | |
|---|---|
| Tác giả khác: | |
| Định dạng: | Book section |
| Ngôn ngữ: | English |
| Được phát hành: |
Hart Publishing
2019
|
| _version_ | 1826309170317492224 |
|---|---|
| author | Steel, S |
| author2 | Borghetti, J-S |
| author_facet | Borghetti, J-S Steel, S |
| author_sort | Steel, S |
| collection | OXFORD |
| description | <strong>Extract:</strong> This chapter is in two sections. Section I examines general issues surrounding defences in French tort and contract law, comparing the position to that in English law. Section IA considers the meaning of the term ‘defence’, and identifies a number of concepts to which the term refers. The focus of the chapter is upon facts which defeat liability even if the elements of a rule are satisfied (‘the externalist definition’) and, to the extent they differ, facts which defeat or restrict liability, which are for the defendant to prove (‘the proof-based definition’) . Section IB shows that both English law and French law contain defences in these senses. Section IC considers whether the concept of a defence is recognised as part of the law or as an organising... |
| first_indexed | 2024-03-07T07:30:11Z |
| format | Book section |
| id | oxford-uuid:4eaa5126-f61f-4d13-a24c-3786fd1d6ea0 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-03-07T07:30:11Z |
| publishDate | 2019 |
| publisher | Hart Publishing |
| record_format | dspace |
| spelling | oxford-uuid:4eaa5126-f61f-4d13-a24c-3786fd1d6ea02023-01-13T09:49:25ZDefences to tortious and contractual liability in French lawBook sectionhttp://purl.org/coar/resource_type/c_1843uuid:4eaa5126-f61f-4d13-a24c-3786fd1d6ea0EnglishSymplectic Elements at OxfordHart Publishing2019Steel, SBorghetti, J-SWhittaker, S<strong>Extract:</strong> This chapter is in two sections. Section I examines general issues surrounding defences in French tort and contract law, comparing the position to that in English law. Section IA considers the meaning of the term ‘defence’, and identifies a number of concepts to which the term refers. The focus of the chapter is upon facts which defeat liability even if the elements of a rule are satisfied (‘the externalist definition’) and, to the extent they differ, facts which defeat or restrict liability, which are for the defendant to prove (‘the proof-based definition’) . Section IB shows that both English law and French law contain defences in these senses. Section IC considers whether the concept of a defence is recognised as part of the law or as an organising... |
| spellingShingle | Steel, S Defences to tortious and contractual liability in French law |
| title | Defences to tortious and contractual liability in French law |
| title_full | Defences to tortious and contractual liability in French law |
| title_fullStr | Defences to tortious and contractual liability in French law |
| title_full_unstemmed | Defences to tortious and contractual liability in French law |
| title_short | Defences to tortious and contractual liability in French law |
| title_sort | defences to tortious and contractual liability in french law |
| work_keys_str_mv | AT steels defencestotortiousandcontractualliabilityinfrenchlaw |