Atnaujinkite slapukų nuostatas

Defences in Tort [Kietas viršelis]

Edited by (University of Oxford, UK), Edited by , Edited by
  • Formatas: Hardback, 376 pages, aukštis x plotis x storis: 244x169x22 mm, weight: 806 g
  • Serija: Hart Studies in Private Law: Essays on Defences
  • Išleidimo metai: 26-Feb-2015
  • Leidėjas: Hart Publishing
  • ISBN-10: 1849465266
  • ISBN-13: 9781849465267
Kitos knygos pagal šią temą:
  • Formatas: Hardback, 376 pages, aukštis x plotis x storis: 244x169x22 mm, weight: 806 g
  • Serija: Hart Studies in Private Law: Essays on Defences
  • Išleidimo metai: 26-Feb-2015
  • Leidėjas: Hart Publishing
  • ISBN-10: 1849465266
  • ISBN-13: 9781849465267
Kitos knygos pagal šią temą:
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 *

Foreword v
Lord Hoffmann
Preface vii
Contributors xi
Table of Cases
xiii
Table of Legislation
xxvii
Table of Delegated Legislation
xxxi
Table of Conventions
xxxiii
Table of Restatements and Model Codes
xxxv
A General Issues and Themes
1(132)
1 Central Issues in the Law of Tort Defences
3(22)
Andrew Dyson
James Goudkamp
Frederick Wilmot-Smith
2 Pleading Defences in Tort: The Historical Perspective
25(10)
David Ibbetson
3 Defining `Defences'
35(18)
Luis Duarte D'Almeida
4 Tort Law's Missing Excuses
53(12)
John CP Goldberg
5 Duties to Try and Duties to Succeed
65(22)
Stephen A Smith
6 Balancing Defences
87(20)
Roderick Bagshaw
7 Defences and Third Parties: Justifying Participation
107(26)
Paul S Davies
B Specific Defences
133(198)
8 Justifying Necessity as a Defence in Tort Law
135(24)
Graham Virgo
9 A Defence of Duress in the Law of Torts?
159(24)
James Edelman
Esther Dyer
10 Nuisance, Planning and Regulation: The Limits of Statutory Authority
183(24)
Donal Nolan
11 Weaving the Law's Seamless Web: Reflections on the Illegality Defence in Tort Law
207(16)
Beverley Mclachlin
12 The Doctrine of Illegality and Interference with Chattels
223(24)
James Goudkamp
Lorenz Mayr
13 Should Contributory Fault be Analogue or Digital?
247(18)
Robert Stevens
14 Assumption of Risk in a System of Strict Liability: Conceptual Tangles and Social Consequences
265(24)
Richard A Epstein
15 Privacy Claims: Transformation, Fault, and the Public Interest Defence
289(22)
Barbara Mcdonald
16 Some Recurring Issues in Relation to Limitation of Actions
311(20)
Andrew Burrows
Index of Authors 331(2)
Index 333
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.