The Development of Liability in Relation to Technological Change

A study of how established rules of tort law have responded to technological change.

Miquel Martín-Casals (Edited by)

9781107475809, Cambridge University Press

Paperback / softback, published 31 July 2014

302 pages
22.9 x 15.2 x 1.6 cm, 0.41 kg

Technological developments posed a challenge to the established law, especially tort law, at approximately the same time across Europe. This book focuses on the similarity and diversity of responses to such developments in different jurisdictions. Three examples have been studied in depth: the escape of sparks from steam engines in the middle of the nineteenth century; exploding boilers in the latter part of the nineteenth century; and asbestos-related industrial disease in the middle and late twentieth century. The book shows how the rules of tort law were used and adapted and demonstrates how other systems of regulation and compensation were introduced to prevent injuries or to provide compensation to victims outside tort law. The relatively marginal role of tort law in these areas reveals much about legal development in general.

1. General introduction Miquel Martín-Casals
2. Technological change and the development of liability for fault in England and Wales Jonathan Morgan
3. Technological change and the development of liability for fault in France Yvonne Salmon
4. Technological change and the development of liability for fault in Germany Jens Scherpe
5. Technological change and the development of liability for fault in Italy Chiara Favilli
6. Technological change and the development of liability for fault in Spain Miquel Martín-Casals and Jordi Ribot.

Subject Areas: Torts / Delicts [LNV], Legal history [LAZ], Comparative law [LAM]