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European Tort Law$
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Cees van Dam

Print publication date: 2013

Print ISBN-13: 9780199672264

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199672264.001.0001

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Violation of a Statutory Rule

Violation of a Statutory Rule

Chapter:
(p.279) 9 Violation of a Statutory Rule
Source:
European Tort Law
Author(s):

Cees Van Dam

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199672264.003.0009

This chapter discusses the rules governing liability for damage caused by the violation of a statutory rule. It examines the national rules in England, Germany, and France. The first requirement of liability for breach of EU law — the conferment of rights on individuals — is described and illustrated with the Peter Paul case. The chapter also provides some comparative observations, first, between the EU requirement of conferment of rights and the English requirement of a private right of action; second, between the requirement of the scope of the statutory rule and the causation requirement. Finally, the question of whether breach of statutory duty is strict or fault liability is addressed.

Keywords:   tort law, liability, damage, breach of EU law, conferment of rights, right of action, causation

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