Unternehmenshaftung und Enterprise Liability

Kai Wantzen examines the concept of enterprise liability, which became one of the catchphrases in American tort law after the Second World War and which was closely related to the law and economics movement. Emphasizing the extra-contractual liability of firms, the concept is based on the assumption that tort law itself should become an instrument of economic and social policies. In Germany as well, the term »enterprise liability« has been discussed repeatedly in relation to the problems in German law pertaining to enterprise liability in the context of the German Civil Code. The author analyzes the content of enterprise liability in relation to comparative tort law as well as law and economics.