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Author: Stephen G.A. Pitel
Publisher: A&C Black
ISBN: 1782252509
Category : Law
Languages : en
Pages : 783
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Book Description
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.
Author: Stephen G.A. Pitel
Publisher: A&C Black
ISBN: 1782252509
Category : Law
Languages : en
Pages : 783
Get Book Here
Book Description
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.
Author: Joanne Conaghan
Publisher: Pluto Press (UK)
ISBN: 9780745312989
Category : Law
Languages : en
Pages : 253
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Book Description
'Coherently brings together many of the arguments that the left has pressed against tort law' Cambridge Law Journal'Its great strength lies in its uncompromising critique of the traditional textbook analyses of tort doctrine as a logical, neutral and inevitable development of peculiarly legal categories' Modern Law ReviewThis new edition of The Wrongs of Tort has been thoroughly updated to take account of the many new developments since its original publication in 1993 - without losing any of the spirit or vigour of the original text. It challenges the assumption in law education that tort is 'objective', 'neutral' and 'apolitical', and reveals how it is imbued with politics. The authors argue that the system of tort is usually hidden from students and lawyers, and that this is unacceptable because the system is arbitrary, and its underlying ideology callous. This controversial book challenges the prevailing orthodoxy, and continues to shed light on the dusty annals of traditional tort doctrine.
Author: Jonathan Morgan
Publisher: Bloomsbury Publishing
ISBN: 1509961380
Category : Law
Languages : en
Pages : 387
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Book Description
Exploring the key discussions and arguments in tort law, this book enables students to get a deeper and more rounded understanding of the subject. Part of the Great Debates series, it is an engaging introduction to the more advanced legal concepts, such as negligent breach of duty and vicarious liability. Each chapter is structured around questions and debates that provoke deeper thought. It features summaries of the views of notable experts on key topics and each chapter ends with a list of further reading. This book is ideal for use by ambitious students alongside a main course textbook, encouraging them to think critically, analyse the topic and gain new insights. The development of these skills and the discursive nature of the series, with an emphasis on contentious topics, means the book is also useful for students when preparing their dissertations. Suitable for use on courses at all levels, this book helps students to excel in coursework and exams.
Author: Jenny Steele
Publisher: Oxford University Press
ISBN: 019876880X
Category : Torts
Languages : en
Pages : 997
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Book Description
'Tort Law' offers a stimulating introduction to the subject. Jenny Steele provides a sound analysis of the key principles before exploring a wide range of critical perspectives through an extensive selection of cases and materials.
Author: Paul B. Miller
Publisher: Oxford University Press
ISBN: 0190865288
Category : Law
Languages : en
Pages : 553
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Book Description
Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
Author: Christina Angelopoulos
Publisher: Kluwer Law International B.V.
ISBN: 9041168419
Category : Law
Languages : en
Pages : 594
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Book Description
In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.
Author: Matthew Dyson
Publisher: Cambridge University Press
ISBN: 1107066115
Category : Law
Languages : en
Pages : 465
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Book Description
Innovative and groundbreaking research on how tort and crime interrelate in English law.
Author: John Murphy
Publisher: Bloomsbury Publishing
ISBN: 1509927328
Category : Law
Languages : en
Pages : 342
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Book Description
Economic torts play a key role in the development of private law more generally. Indeed, the landmark case of OBG v Allan (2008) provided one of the most important decisions in the whole of the law of torts in the last generation, as the House of Lords sought to bring order to an area of the law that has long been beset by doctrinal and theoretical puzzles. Probably the most enduring question of all in this area is whether the economic torts can be unified. This book argues that the search for unity is a will o' the wisp. More particularly, it shows that although some juridical connections exist between some of these torts, there is far more that separates them than unites them. Offering a unique perspective, this is a landmark publication on the law of economic torts.
Author: Jason NE Varuhas
Publisher: Bloomsbury Publishing
ISBN: 1782252800
Category : Law
Languages : en
Pages : 552
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Book Description
Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. The book was the winner of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize.
Author: Russell L. Weaver
Publisher: Cambridge Scholars Publishing
ISBN: 1527504859
Category : Law
Languages : en
Pages : 236
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Book Description
This book examines a variety of important issues that arise in tort and free speech cases, including asset freezing orders, non-pecuniary damages in financial services cases, the illegality defense in restitution cases, contributory negligence and the avoidable loss rule, whether robotic speech should be protected like other speech, fact-checking remedies and disinformation, the right of reply in media regulation, the right to be secure and free speech, and social media platform censorship.
