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European Tort Law$
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Cees van Dam

Print publication date: 2007

Print ISBN-13: 9780199227679

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199227679.001.0001

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(p.41) 3 France
European Tort Law

Cees van Dam

Oxford University Press

In France, tort law is characterised by its broad general principles and its general lack of detail. The rule of strict liability has been developed by the Cour de cassation, which also developed a general strict liability rule for damage caused by other people. This rule supplements the more specific strict liability rules for parents (for damage caused by their children) and for employers (for damage caused by their employees). Hence, in France, in cases of personal injury and property loss, strict liability is the rule and fault liability the exception. This chapter presents general observations on France's fault liability (including abuse of rights), general rule of strict liability for things, specific rules of strict liability for things, general rule of strict liability for persons, and specific rules of strict liability for persons.

Keywords:   France, tort law, fault liability, strict liability, abuse of rights, strict liability, damage, personal injury, property loss

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