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The book examines the practice of judicial reasoning in tort law, understood as a process of justification, consisting of both deductive and non-deductive elements, and therefore involving a significant element of choice or discretion. The book divides the elements of judicial reasoning into four conceptual categories: factual assessments, application of legislative and judge-made rules, reliance on reasonableness and policy considerations. To discuss these elements in a comparative perspective the book uses the English and French judicial traditions of tort law as case studies. This enables...

From various perspectives, this book's contributions explore the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the book is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU legal engagement with consumer-related considerations is sincere, or merely instrumental to the achievement of other goals. Chapters discuss how consumers should be protected in EU contract,...

The involvement of the EU in regulating private conduct and the relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of EU policy objectives which are apt to legitimize the as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature...