Book section : Chapter
Defences to tortious and contractual liability in French law
- Abstract:
- Extract: This chapter is in two sections. Section I examines general issues surrounding defences in French tort and contract law, comparing the position to that in English law. Section IA considers the meaning of the term ‘defence’, and identifies a number of concepts to which the term refers. The focus of the chapter is upon facts which defeat liability even if the elements of a rule are satisfied (‘the externalist definition’) and, to the extent they differ, facts which defeat or restrict liability, which are for the defendant to prove (‘the proof-based definition’) . Section IB shows that both English law and French law contain defences in these senses. Section IC considers whether the concept of a defence is recognised as part of the law or as an organising...
- Publication status:
- Published
- Peer review status:
- Peer reviewed
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(Preview, Version of record, pdf, 678.7KB, Terms of use)
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- Publisher copy:
- 10.5040/9781509927302.ch-014
- Publisher:
- Hart Publishing
- Host title:
- French Civil Liability in Comparative Perspective
- Pages:
- 285–308
- Chapter number:
- 14
- Series:
- Studies of the Oxford Institute of European and Comparative Law
- Series number:
- 28
- Publication date:
- 2019-12-26
- Edition:
- 1
- DOI:
- EISBN:
- 978-1-50992-730-2
- ISBN:
- 978-1-50992-727-2
- Language:
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English
- Subtype:
-
Chapter
- Pubs id:
-
pubs:993233
- UUID:
-
uuid:4eaa5126-f61f-4d13-a24c-3786fd1d6ea0
- Local pid:
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pubs:993233
- Source identifiers:
-
993233
- Deposit date:
-
2019-04-19
Terms of use
- Copyright holder:
- Sandy Steel
- Copyright date:
- 2019
- Rights statement:
- Copyright © The editors and contributors severally 2019. All rights reserved.
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