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Article . 2021 . Peer-reviewed

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Liability for Climate Damage under the German Law of Torts

descriptionPublicationkeyboard_double_arrow_right Article , Other literature type 01 Jan 2021Publisher:Elsevier BVJournal:SSRN Electronic Journal (eissn: 1556-5068,

Authors: Gerhard Wagner; Gerhard Wagner; Arvid Arntz;

doi: 10.2139/ssrn.3792048

Liability for Climate Damage under the German Law of Torts

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Abstract

With the case of Lliuya v. RWE, climate change litigation has come to Germany. The article explores the German law of torts or delict, asking whether it has something to offer to victims of climate change. The essential elements of negligence liability, i.e. scope of protection, duty of care, breach of duty, regulatory compliance defense, are examined. Another important category is the law of nuisance. As it turns out, the German of delict attaches many strings to a successful damages claim.

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