The place of tort law -- Negligence (and strict liability) -- Recovery for physical harms : the case of medical malpractice -- Non-economic damage and primary victims -- Recovery of secondary victims for economic harm and emotional distress -- Compensation for pure economic loss -- Causation -- Products liability.
The place of tort law -- Negligence (and strict liability) -- Recovery for physical harms : the case of medical malpractice -- Non-economic damage and primary victims -- Recovery of secondary victims for economic harm and emotional distress -- Compensation for pure economic loss -- Causation -- Products liability.
This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of “legally relevant damage” and its importance in overcoming the deadlock created by the category of “pure economic loss” in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness (“Rechtswidrigkeit”), which limits the compensation for pure economic loss to where a protective rule is infringed. These losses have nevertheless been compensated for through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects’ freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.
This book offers fresh perspectives on untruthfulness entailed in various forms of irony, deception and humour, which have so far constituted independent foci of linguistic and philosophical investigation. These three distinct (albeit sometimes co-occurring) notions are brought together within a neo-Gricean framework and consistently discussed as representing overt or covert untruthfulness. The postulates that represent the interface between language philosophy and pragmatics are illustrated with scripted interactions culled from the series House, which help appreciate the complexities of the three concepts at hand. Apart from affording new insights into the nature of irony, deception and humour, this book critically examines previous literature on these notions, as well as relevant aspects of Grice's philosophy of language. Giving a state-of-the-art picture of untruthfulness, this publication will be of interest to both experienced and inexperienced researchers studying Grice’s philosophy, irony, deception and/or humour.
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