emerging issues in tort law

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Emerging Issues In Tort Law

Author : Jason W Neyers
ISBN : 9781847315731
Genre : Law
File Size : 73. 99 MB
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In this book, articles by leading tort scholars from Australia, Canada, Hong Kong, Israel, New Zealand, the United Kingdom and the United States deal with important theoretical and practical issues that are emerging in the law of torts. The articles analyse recent leading developments in areas such as economic negligence, causation, vicarious liability, non-delegable duty, breach of statutory duty, intentional torts, damages, and tort law in the family. They provide a foretaste of the issues that will face tort law in the near future and offer critical viewpoints that should not go unheeded. With its rich breadth of contributors and topics, Emerging Issues in Tort Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Elizabeth Adjin-Tettey, Kumaralingam Amirthalingam, Peter Benson, Vaughan Black, Peter Cane, Erika Chamberlain, Israel Gilead, Paula Giliker, Rick Glofcheski, Lewis N Klar QC, Michael A Jones, Richard Lewis, John Murphy, Jason W Neyers, Ken Oliphant, David F Partlett, Stephen GA Pitel, Denise Reaume, Robert H Stevens, Andrew Tettenborn, Stephen Todd, Shauna van Praagh, Stephen Waddams, David R Wingfield, Richard W Wright.

Symposium

Author : Northern Illinois University. College of Law
ISBN : STANFORD:36105063277110
Genre : Law
File Size : 71. 40 MB
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Tort Law Directions

Author : Vera Bermingham
ISBN : 9780198805359
Genre : Law
File Size : 25. 32 MB
Format : PDF, Kindle
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A considered balance of depth, detail, context, and critique, Tort Law Directions offers the most student-friendly guide to the subject, empowering students to evaluate the law, understand its practical application, and approach assessments with confidence.

Rediscovering The Law Of Negligence

Author : Allan Beever
ISBN : 9781847316998
Genre : Law
File Size : 72. 27 MB
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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.

Proof Of Causation In Tort Law

Author : Sandy Steel
ISBN : 9781316381076
Genre : Law
File Size : 35. 79 MB
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Causation is a foundational concept in tort law: in claims for compensation, a claimant must demonstrate that the defendant was a cause of the injury suffered in order for compensation to be awarded. Proof of Causation in Tort Law provides a critical, comparative and theoretical analysis of the general proof rules of causation underlying the tort laws of England, Germany and France, as well as the exceptional departures from these rules which each system has made. Exploring the different approaches to uncertainty over causation in tort law, Sandy Steel defends the justifiability of some of these exceptions, and categorises and examines the kinds of exceptional rules suggested by the case law and literature. Critically engaged with both the theoretical literature and current legal doctrine, this book will be of interest to private law scholars, judges and legal practitioners.

Tort Law Challenging Orthodoxy

Author : Stephen G A Pitel
ISBN : 9781782252504
Genre : Law
File Size : 57. 12 MB
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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.

Emerging Issues In Employment Discrimination Litigation

Author : American Bar Association. Tort and Insurance Practice Section. Women & Minority Involvement Committee
ISBN : CORNELL:31924087509893
Genre : Law
File Size : 34. 8 MB
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Law Policy And Reproductive Autonomy

Author : Erin Nelson
ISBN : 9781782251552
Genre : Law
File Size : 34. 99 MB
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Reproductive choices are at once the most private and intimate decisions we make in our lives and undeniably also among the most public. Reproductive decision making takes place in a web of overlapping concerns - political and ideological, socio-economic, health and health care - all of which engage the public and involve strongly held opinions and attitudes about appropriate conduct on the part of individuals and the state. Law, Policy and Reproductive Autonomy examines the idea of reproductive autonomy, noting that in attempting to look closely at the contours of the concept, we begin to see some uncertainty about its meaning and legal implications - about how to understand reproductive autonomy and how to value it. Both mainstream and feminist literature about autonomy contribute valuable insights into the meaning and implications of reproductive autonomy. The developing feminist literature on relational autonomy provides a useful starting point for a contextualised conception of reproductive autonomy that creates the opportunity for meaningful exercise of reproductive choice. With a contextualised approach to reproductive autonomy as a backdrop, the book traces aspects of the regulation of reproduction in Canadian, English, US and Australian law and policy, arguing that not all reproductive decisions necessarily demand the same level of deference in law and policy, and making recommendations for reform.

Emerging Challenges In Privacy Law

Author : Normann Witzleb
ISBN : 9781107041677
Genre : Business & Economics
File Size : 71. 34 MB
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Prominent privacy law experts, regulators and academics examine contemporary legal approaches to privacy from a comparative perspective.

Torts

Author : Harold Luntz
ISBN : 0409328464
Genre : Negligence
File Size : 69. 13 MB
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TORTS: CASES AND COMMENTARY delivers a critical and analytical approach to the law of torts presented through extensive commentary and selected materials from case decisions, legislation and academic writings. Detailed notes assist students and practitioners to understand the significance of the key cases while questions stimulate critical thinking and learning. The 7th edition of TORTS: CASES AND COMMENTARY includes discussion of and some excerpts from many cases that have interpreted the Civil Liability statutes enacted in the early years of this century. Current and emerging issues in tort law reform are widely discussed and many additional references to the academic literature are provided.

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