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Tort Law in Japan by Hiroyuki Kihara

Tort Law in Japan

By Hiroyuki Kihara


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Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Japan. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale.

Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers Japan. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Resources Table of Contents
Publish Date 03/11/2015
Publish Frequency As Needed
Product Line Kluwer Law International
ISBN 9789041160201
SKU 10058730-0001
Table of Contents

The Author.

List of Abbreviations.

General Introduction.

Part I. Liability for One’s Own Acts.

Chapter 1. General Principles.

Chapter 2. Specific Cases of Liability.

Part II. Liability for Acts of Others.

Chapter 1. Vicarious Liability.

Chapter 2. Liability of Parents, Teachers & Instructors.

Chapter 3. Liability for Things and Animals.

Part III. Forms of Strict Liability.

Chapter 1. Road and Traffic Accidents.

Chapter 2. Product Liability.

Chapter 3. Liability for Service.

Chapter 4. Environmental Liability.

Chapter 5. Others.

Part IV. Defences and Exception Clauses.

Chapter 1. Limitation of Action.

Chapter 2. Grounds of Justification.

Chapter 3. Contributory Fault.

Chapter 4. Exemption Clauses.

Part V. Causation. Part VI. Remedies.

Chapter 1. General Principles.

Chapter 2. Kinds of Damages.

Chapter 3. Assessment and Compensation of Damages.

Chapter 4. Personal Injury and Death.

Chapter 5. Various Damages (Property).

Chapter 6. Interference with Collateral Benefits.

Chapter 7. Other Remedies.

Selected Bibliography.