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European Tort Law$
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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

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Protected Interests

Protected Interests

Chapter:
(p.141) 7 Protected Interests
Source:
European Tort Law
Author(s):

Cees van Dam

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199227679.003.0007

This chapter deals with protected interests in Europe, with emphasis on personality rights, particularly the protection of the right to privacy. Personality rights also include the right to family life, and the present chapter considers what role this right plays in cases which have become known as wrongful conception (wrongful birth) and prenatal harm (wrongful life). It also analyses the protection of property, and answers the question as to whether property interests represent only the value of a damaged object or also the value of using it. Finally, the protection of economic interests, which are less protected than either personal interests or property interests, is discussed. Particularly in England, it is feared that a general rule to compensate pure economic loss would lead to a cascade of claims and would make tort law unsustainable. In France, however, tort law has survived such a general rule.

Keywords:   tort law, protected interests, personality rights, wrongful conception, Europe, prenatal harm, protection of property, economic interests, personal interests, property interests

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