Jump to ContentJump to Main Navigation
European Tort Law$
Users without a subscription are not able to see the full content.

Cees van Dam

Print publication date: 2007

Print ISBN-13: 9780199227679

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199227679.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 19 February 2020

Liability for Other Persons

Liability for Other Persons

(p.437) 16 Liability for Other Persons
European Tort Law

Cees van Dam

Oxford University Press

In addition to liability for damage caused by movable and immovable objects, someone can also be liable for damage caused by another person with whom he has a special relationship. The most obvious examples are the responsibility of parents for children and that of employers for employees. Liability of the employer for damage caused by the employee differs between the legal systems in Europe; England and France provide for strict liability while Germany provides for a liability for rebuttable negligence. The case law in Germany, however, has limited the employer's defences and has also provided ways around his liability which make the differences with English and French law negligible. Liability for children shows more differences, with France providing for the parents’ strict liability, Germany for a liability for rebuttable negligence, and England for a traditional fault liability regime. This chapter also considers liability for mentally disabled persons.

Keywords:   Europe, liability, mentally disabled persons, children, employees, England, France, Germany

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .