ABSTRACT
In 2005, the European Group on Tort Law (EGTL) published the text and commentary of its ‘Principles of European Tort Law’ (PETL). With art. 4:201, the PETL include a rule on the reversal of the burden of proving fault which is intended to cover the grey areas between fault-based and strict liability. Almost 18 years after publication of the PETL, the current paper aims at revisiting these grey areas between strict and fault-based liability. When doing so, the paper first deals with questions of terminology and outlines what is meant by the notion of grey areas between strict and fault-based liability. In a second step, the way these grey areas are dealt with in the Principles is examined and, finally, a few comments on art. 4:201 PETL and the way forward are made.
Steininger, Barbara C, Art 4:201 PETL: Revisiting the Grey Areas between Fault-Based and Strict Liability (June 9, 2023), Graz Law Working Paper No 11-2023.
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