Britte Koppel and Leonid Tolstov, together with Janno Lahe, have published an article examining the role of protective norms in tort liability arising from breaches of statutory duties.
The article compares Estonian and German law and addresses a central question in this area of tort law: how to determine whether a legal provision is intended to protect a particular person or interest and, consequently, whether its breach can establish tort liability.
Drawing on case law, legislative materials and legal doctrine, the authors propose practical criteria for assessing the protective purpose of a legal norm, focusing on the wording of the provision, legislative intent and the foreseeability of harm.
The article,“The purpose of protective norm in tortious liability arising from a breach of statutory duty”, was published in the TalTech Journal of European Studies.
Read the full article HERE
