TORT LAW CHALLENGING ORTHODOXY

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Tort Law Challenging Orthodoxy

Author : Stephen G A Pitel
ISBN : 9781782252504
Genre : Law
File Size : 71.36 MB
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In this book leading scholars from the United Kingdom, the United States and Australia challenge established common law rules and suggest new approaches to both old and emerging problems in tort law. Some of the chapters consider broad issues such as the importance of flexibility over certainty in tort law, connections between tort law and human flourishing and the indirect effects of changes in tort law. Other chapters engage more specific topics including the role of vindication in tort law, the relationship between criminal law and tort law, the use of epidemiological evidence in analysing causation, accessory liability in tort law, the role of malice in intentional torts and the role of statutes in tort law. They propose new approaches to contributory negligence, emotional distress, loss of a chance, damages for nuisance, the tort of conspiracy and vicarious liability. The chapters in this book were originally presented at the Sixth Biennial Conference on the Law of Obligations at Western University in London, Ontario in July 2012. They will be highly useful to lawyers, judges and scholars across the common law world.
Category: Law

Tort Law

Author : Nicholas J McBride
ISBN : 9781292207858
Genre : Law
File Size : 51.35 MB
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Written by two leading scholars, Tort Law combines detailed coverage of the legal principles, supported by hypothetical case scenarios and guided further reading, with critical discussion of the key academic debates and literature in the subject making it ideal for use by anyone studying tort law at undergraduate or postgraduate level. Extensively updated, this new edition covers all important case-law and legislative developments, including the expansion of vicarious liability in Mohamud v Wm Morrison Supermarkets, the treatment of the notion of ‘defect’ under the Consumer Protection Act 1987 in Wilkes v Depuy International Ltd, the reinvigoration of the tort in Wilkinson v Downton by O (a child) v Rhodes, the recognition of a tort of the malicious institution of civil proceedings in Willers v Joyce, and the attempts to reform the law on the defence of illegality in Patel v Mirza.
Category: Law

Negligence And Illegality

Author : Sharon Erbacher
ISBN : 9781509906680
Genre : Law
File Size : 36.95 MB
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This book examines claims in negligence arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory case law. The book analyses the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. The book argues that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. It develops the work of Ernest Weinribian corrective justice theorists to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application.
Category: Law

Comparative Tort Law

Author : Mauro Bussani
ISBN : 9781784718138
Genre : LAW
File Size : 59.72 MB
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Comparative Tort Law: Global Perspectives provides a framework for analyzing and understanding the current state of tort law in most of the world's legal systems. The book examines tort law theories and cultures through a comparative methodology. It l
Category: LAW

Causation In Negligence

Author : Sarah Green
ISBN : 9781782255208
Genre : Law
File Size : 43.94 MB
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The principal objective of this book is simple: to provide a timely and effective means of navigating the current maze of case law on causation, in order that the solutions to causal problems might more easily be reached and the law relating to them more easily understood. The need for this has been increasingly evident in recent judgments dealing with causal issues: in particular, it seems to be ever harder to distinguish between the different 'categories' of causation and, consequently, to identify the legal test to be applied on any given set of facts. Causation in Negligence will make such identification easier, both by clarifying the parameters of each category and mapping the current key cases accordingly, and by providing one basic means of analysis which will make the resolution of even the thorniest of causal issues a straightforward process. The causal inquiry in negligence seems to have become a highly complicated and confused area of the law. As this book demonstrates, this is unnecessary and easily remedied.
Category: Law

Annual Survey Of American Law

Author :
ISBN : UOM:39076002360712
Genre : Law
File Size : 64.90 MB
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Has supplement: The Literature of American legal history.
Category: Law

Research In Law And Policy Studies

Author : Stuart S. Nagel
ISBN : STANFORD:36105060546608
Genre : Justice, Administration of
File Size : 36.43 MB
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Category: Justice, Administration of

An Introduction To Law

Author : Phil Harris
ISBN : STANFORD:36105060393035
Genre : Law
File Size : 74.42 MB
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An Introduction to Law has become established as one of the leading student introductions to the subject. In addition to providing a clear account of basic legal concepts, the underlying theme of this fifth edition continues to be the importance of regarding law and the legal system as living institutions within society, and of appreciating how rules and legal structures both reflect and influence changes in social, economic and political life. With its thorough, readable treatment of practical issues in law within a relevant social context, An Introduction to Law is aimed at all new students of law, including A level students, those on HND/C Business Studies or foundation social science courses, undergraduate law students and those studying law as part of a mixed degree.
Category: Law