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Defences in Tort: Hart Studies in Private Law: Essays on Defences

Editat de Dr Andrew Dyson, Dr James Goudkamp, Frederick Wilmot-Smith
en Limba Engleză Paperback – 24 mai 2017
This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law, and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.
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Specificații

ISBN-13: 9781509914166
ISBN-10: 1509914161
Pagini: 376
Dimensiuni: 169 x 244 x 28 mm
Greutate: 0.61 kg
Ediția:NIPPOD
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Private Law: Essays on Defences

Locul publicării:London, United Kingdom

Caracteristici

The essays explore the links between tort law defences on a theoretical level, and examine the nature and scope of individual defences.

Notă biografică

Andrew Dyson is an Assistant Professor in Private Law at the London School of Economics and Political Science.James Goudkamp is a Fellow of Keble College, Oxford and an Associate Professor in the Oxford Law Faculty.Frederick Wilmot-Smith is a Fellow by Examination at All Souls College, Oxford and Lecturer in Law at Balliol College.

Cuprins

A. General Issues and Themes 1. Central Issues in the Law of Tort DefencesANDREW DYSON, JAMES GOUDKAMP AND FREDERICK WILMOT-SMITH 2. Pleading Defences in Tort: The Historical PerspectiveDAVID IBBETSON 3. Defining 'Defences'LUÍS DUARTE D'ALMEIDA 4. Tort Law's Missing ExcusesJOHN CP GOLDBERG5. Duties to Try and Duties to SucceedSTEPHEN A SMITH 6. Balancing DefencesRODERICK BAGSHAW 7. Defences and Third Parties: Justifying ParticipationPAUL S DAVIES B. Specific Defences 8. Justifying Necessity as a Defence in Tort LawGRAHAM VIRGO 9. A Defence of Duress in the Law of Torts?JAMES EDELMAN AND ESTHER DYER 10. Nuisance, Planning and Regulation: The Limits of Statutory AuthorityDONAL NOLAN 11. Weaving the Law's Seamless Web: Reflections on the Illegality Defence in Tort LawBEVERLEY McLACHLIN 12. The Doctrine of Illegality and Interference with ChattelsJAMES GOUDKAMP AND LORENZ MAYR 13. Should Contributory Fault be Analogue or Digital?ROBERT STEVENS 14. Assumption of Risk in a System of Strict Liability: Conceptual Tangles and Social ConsequencesRICHARD A EPSTEIN 15. Privacy Claims: Transformation, Fault, and the Public Interest DefenceBARBARA McDONALD 16. Some Recurring Issues in Relation to Limitation of ActionsANDREW BURROWS

Recenzii

All of the . contributions are thought-provoking and provide a much-needed theoretical perspectivethe book is essential reading for all private law scholars.[Defences in Tort] is the first in a series of works concerned with defences to liability arising in private law and if the future editions come anywhere close to the calibre of essays contained here one very much looks forward to reading the rest.
The general quality of the contributions is very good indeed and the collection as a whole can be enthusiastically recommended.

Descriere

This book explores the links between tort law defences on a theoretical level, and examines the nature and scope of individual defences. It will be of value to academics and practitioners alike.