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Author: Sharon Erbacher
Publisher: Hart Publishing
ISBN: 9781509906697
Category : Illegality
Languages : en
Pages :
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Book Description
Introduction -- Theoretical perspectives -- The tort-crime interface -- Policy and discretion -- The connection tests -- Overview of the coherence rationale -- Statutory purpose -- No loss damage : sanction-shifting and related claims -- No loss or damage : illegal profits and earnings -- A relational explanation : joint illegal enterprise cases -- Conclusion
Author: Sharon Erbacher
Publisher: Hart Publishing
ISBN: 9781509906697
Category : Illegality
Languages : en
Pages :
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Book Description
Introduction -- Theoretical perspectives -- The tort-crime interface -- Policy and discretion -- The connection tests -- Overview of the coherence rationale -- Statutory purpose -- No loss damage : sanction-shifting and related claims -- No loss or damage : illegal profits and earnings -- A relational explanation : joint illegal enterprise cases -- Conclusion
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher:
ISBN: 9781680923025
Category :
Languages : en
Pages : 180
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Book Description
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Author: Allan Beever
Publisher: Bloomsbury Publishing
ISBN: 1847315011
Category : Law
Languages : en
Pages : 562
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Book Description
Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the law of negligence. Its aim is to re-establish the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are and must be based on individual policy decisions and that the task of the judge or commentator is to shape the law in terms of the relevant policies as she sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. The book argues that the law of negligence is best understood in terms of a relatively small set of principles enunciated in a small number of leading cases. It further argues that these principles are themselves best seen in terms of an aspect of morality called corrective justice which, when applied to the most important aspects of the law of negligence reveals that the law - even as it now exists - possesses a far greater degree of conceptual unity than is commonly thought. Using this method the author is able to examine familiar aspects of the law of negligence such as the standard of care; the duty of care; remoteness; misfeasance; economic loss; negligent misrepresentation; the liability of public bodies; wrongful conception; nervous shock; the defences of contributory negligence, voluntary assumption of risk, and illegality; causation; and issues concerning proof, to show that when the principles are applied and the idea of corrective justice is properly understood then the law appears both systematic and conceptually satisfactory. The upshot is a rediscovery of the law of negligence.
Author: Thomas Beven
Publisher:
ISBN:
Category : Negligence
Languages : en
Pages : 1154
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Book Description
Author: Thomas Gaskell Shearman
Publisher:
ISBN:
Category : Negligence
Languages : en
Pages : 882
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Book Description
Author: Sharon Erbacher
Publisher: Bloomsbury Publishing
ISBN: 1509906681
Category : Law
Languages : en
Pages : 261
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Book Description
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.
Author: Emanuel van Dongen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004278729
Category : Law
Languages : en
Pages : 498
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Book Description
Accidents often occur not only through the fault of the wrongdoer but also partly through the conduct of the injured party. This contributory conduct of the injured party and its consequences for the delictual liability of the wrongdoer have been central issues in the study of private law for centuries. In Contributory Negligence. A Historical and Comparative Study Van Dongen presents a detailed study of how from Antiquity to today the negligent behaviour of the injured party has influenced claims for damages based on delictual liability and how it evolved into the modern concept of contributory negligence. His research comprises a comparative legal study of the main current developments concerning the concept of contributory negligence in France, Germany and the Netherlands.
Author: Matthew Dyson
Publisher: Cambridge University Press
ISBN: 1139993356
Category : Law
Languages : en
Pages : 465
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Book Description
Tort law and criminal law are closely bound together but their relationship rarely receives sustained and rigorous scrutiny. This is the first significant project in England and Wales to address that shortcoming. Building on growing interest amongst both academics and practitioners in the relationship between tort and crime, it draws together leading experts to chart the field and explore key points of interest. It uses a range of perspectives from legal theory, doctrine, legal history and comparative law to address some of the most important and interesting links between tort and crime. Examples include how the illegality defence operates to avoid stultification of the law, the difference between criminal and civil causation, how the Motor Insurers' Bureau not only insures but acts to enforce laws and alter behaviour, and why civil law only very rarely restores specific property but the criminal law does it daily.
Author: Seymour Dwight Thompson
Publisher:
ISBN:
Category : Negligence
Languages : en
Pages : 1326
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Book Description
Author: R. A. Buckley
Publisher: Butterworth-Heinemann
ISBN: 9781405763455
Category : Electronic books
Languages : en
Pages : 0
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Book Description
This popular book provides clear and accessible explanation and interpretation of the current law across the field of negligence. It aims to provide a fresh and critical exposition that, whilst comprehensive, gives particular emphasis to the contemporary scene. It draws upon recent cases and judicial pronouncements and includes references to case law from jurisdictions outside the UK. Professional negligence is covered in detail as it is a rapidly growing area of law.The law of negligence touches on many areas of professional practice, and is increasingly complex and a growing area of business for solicitors. Consumers are successfully claiming large sums of compensation from healthcare providers, tobacco manufacturers, pharmaceutical companies and each other, all of whom are deemed to have caused harm through neglecting to take due care e.g. through causing accidents, causing or aggravating illnesses, or failing to properly test products or make consumers aware of risk.Negligence is also a big topic for those dealing with medical and personal injury law, employment law, consumer law, licensing - and this thorough exposition of the subject is an essential addition to the library of any solicitor's firm.The Law of Negligence was amalgamated with the Law of Nuisance in 2005 so combines commentary on the correlated laws of nuisance and negligence. It is designed to provide practitioners and academics with a clear and accessible explanation and interpretation of all significant judicial pronouncements and legislation across the field of negligence.Development in negligenceMajor House of Lords' (Now Supreme Court) decisions:* Basic duty of care issues in Sutradhar v. National Environment Research Council and Customs and Excise Commissioners v. Barclays Bank* In Barker v. Corus assessment of damages against multiple defendants in asbestosis cases (later reversed in part by the Compensation Act 2006)* In Rothwell v. Chemical & Insulating Co the House controversially reversed a long line of decisions on the actionability of 'pleural plaques' in asbestos exposure cases (a decision subsequently reversed by legislation in Scotland but not in England)Legislation* Compensation Act 2006 which deals with the nature of negligence liability, and is intended to redress perception of the existence of a 'compensation culture'* Third Parties (Rights Against Insurers) Act 2010Development in nuisanceAn important aspect of The Law of Negligence is that it also deals with the law of nuisance. Although this is consistent with much modern judicial and academic commentary, which favours an integrated approach to the two torts, other negligence works on the market do not, on the whole, provide comprehensive coverage of nuisance cases.* Corby Group Litigation, a decision of the Court of Appeal in which the Court cited The Law of Negligence (see [2008] EWCA Civ 463 at [23] per Dyson LJ)* Dobson v. Thames Water Utilities on the relationship between the common law of nuisance and the Human Rights Act,* Watson v. Croft Promosport Ltd on judicial discretion with respect to remedies in nuisance cases* An important decision on vicarious liability in situations involving special hazard was handed down in Biffa Waste Service Ltd v. Mashinenefabrik Ernst Hese GmbHThe book is part of the Common Law menu which is supported by annual updates.
