A guide through the Odyssey of tort law

This study of comparative tort law sets out in readable prose to deconstruct tort law and how it is applied in five jurisdictions – England and Wales, the US, France, Germany and Italy – and more generally elsewhere. The authors look at aspects of civil (as opposed to criminal) liability ‘for injuries arising outside of contract and in order to compensate the plaintiff for a wrongful loss’. The ‘contrast is not only to contract, but also to other private law remedies that may be triggered by a wrongful loss, such as restitution or unjust enrichment’. The influence of supranational legal systems, and in particular EU law, and of different cultures is woven into the mix in places; but the emphasis is on contrasting the common law and civil law approaches.

The book is divided into eight main chapters focusing on broad themes, such as The Place of Tort Law. Other chapters deal with particular areas of tort law (economic and non-economic loss). Specific topics – such as Recovery for Physical Harm: The Case of Medical Malpractice and Products Liability – are also covered.

The main chapters are sub-divided into easy-to-follow sub-headings and the text of each chapter is annotated with detailed but helpful footnotes, in the style of some religious or philosophical tracts. Thus the book can be read at several levels – by academics, law students and practising lawyers alike. The Index, Contents, List of Abbreviations and List of Cases also seem well put together.

The book is grounded and not over-ambitious in its mission to inform and educate (but not overwhelm) the reader. One has the strong impression that the authors had fun putting the book together. The book has the occasional rhetorical flourish, which should bring a smile to one’s face. Chapter VI (Compensation for Pure Economic Loss) opens with: ‘When the comparative tort law vessel leaves the safe harbour of physical injuries, where everywhere is more or less stable and neat, it soon faces the fogs and winds of many different issues.’ Homer’s Odyssey does not seem far away!

David Glass is a consultant solicitor at Excello Law