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.
Recenzijos
All of the contributions are thought-provoking and provide a much-needed theoretical perspective
the 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. -- Craig Purshouse * Professional Negligence * The general quality of the contributions is very good indeed and the collection as a whole can be enthusiastically recommended. * Yearbook of European Tort Law *
A. General Issues and Themes
1. Central Issues in the Law of Tort Defences
ANDREW DYSON, JAMES GOUDKAMP AND FREDERICK WILMOT-SMITH
2. Pleading Defences in Tort: The Historical Perspective
DAVID IBBETSON
3. Defining Defences
LUĶS DUARTE DALMEIDA
4. Tort Laws Missing Excuses
JOHN CP GOLDBERG
5. Duties to Try and Duties to Succeed
STEPHEN A SMITH
6. Balancing Defences
RODERICK BAGSHAW
7. Defences and Third Parties: Justifying Participation
PAUL S DAVIES
B. Specific Defences
8. Justifying Necessity as a Defence in Tort Law
GRAHAM 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 Authority
DONAL NOLAN
11. Weaving the Laws Seamless Web: Reflections on the Illegality Defence in
Tort Law
BEVERLEY McLACHLIN
12. The Doctrine of Illegality and Interference with Chattels
JAMES 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 Consequences
RICHARD A EPSTEIN
15. Privacy Claims: Transformation, Fault, and the Public Interest Defence
BARBARA McDONALD
16. Some Recurring Issues in Relation to Limitation of Actions
ANDREW BURROWS
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.
