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4 - Re-norming Tort Law

From Network Rights to Network Remedies

Published online by Cambridge University Press:  14 July 2022

Rónán Condon
Affiliation:
Dublin City University
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Summary

If Chapter 3 situated the problems facing contemporary tort law within EU law, it did not provide a comprehensive or novel model of liability. In Chapter 4, the key argument is that network liability in its incipient form can be detected in the law on 'private' gatekeepers of product liability, and this model can and should be applied equally to the state through reimagining Francovich liability. This move will also assist in developing the liability criteria, and the concept of a sufficient serious breach of EU law offers a coherent and normatively principled standard for the liability of secondary actors in public/private governance networks. It is then underlined that different existing models of liability should be understood as different means of recovery in networks. The central point is that these three models of liability – individual, organisational and network – should be placed within a more encompassing normative concept of network responsibility. This model of responsibility can, and should, be applied beyond the context of product liability as a template for solving problems of attribution and imputation in governance networks. The idea is tested in the context of value chain liability.

Type
Chapter
Information
Network Responsibility
European Tort Law and the Society of Networks
, pp. 155 - 216
Publisher: Cambridge University Press
Print publication year: 2022

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  • Re-norming Tort Law
  • Rónán Condon, Dublin City University
  • Book: Network Responsibility
  • Online publication: 14 July 2022
  • Chapter DOI: https://doi.org/10.1017/9781009051972.005
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  • Re-norming Tort Law
  • Rónán Condon, Dublin City University
  • Book: Network Responsibility
  • Online publication: 14 July 2022
  • Chapter DOI: https://doi.org/10.1017/9781009051972.005
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Re-norming Tort Law
  • Rónán Condon, Dublin City University
  • Book: Network Responsibility
  • Online publication: 14 July 2022
  • Chapter DOI: https://doi.org/10.1017/9781009051972.005
Available formats
×