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Author : Richard Allen Epstein
Publisher : Unknown
Page : 164 pages
File Size : 46,9 Mb
Release : 1980
Category : Law
ISBN : STANFORD:36105043653257
Errata slip inserted. Bibliography: p. 137-140.
Author : Richard A. Epstein
Publisher : Unknown
Page : 141 pages
File Size : 41,6 Mb
Release : 1980
Category : Electronic
ISBN : OCLC:613529363
Author : Kenneth D. Cooper-Stephenson
Publisher : Captus Press
Page : 448 pages
File Size : 44,8 Mb
Release : 1993
Category : Damages
ISBN : 0921801874
Author : Allan Beever
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 44,7 Mb
Release : 2016-08-25
Category : Law
ISBN : 9781509903207
This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Immanuel Kant's Metaphysics of Morals, the book shows that Kant's theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law. The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues that there are three general kinds of liability found in the law of tort: liability for putting another or another's property to one's purposes directly, liability for doing something to a third party that puts another or another's property to one's purposes, and liability for pursuing purposes in a way that improperly interferes with the ability of another to pursue her legitimate purposes. It terms these forms liability for direct control, liability for indirect control and liability for injury respectively. The result is a coherent, philosophical understanding of the structure of tort liability as an entire system. In developing its position, the book considers the laws of Australia, Canada, England and Wales, New Zealand and the United States.
Author : Anthony Gray
Publisher : Bloomsbury Publishing
Page : 301 pages
File Size : 53,5 Mb
Release : 2021-02-25
Category : Law
ISBN : 9781509941001
Gradually, the law of tort has shifted away from a strict-liability approach to one where fault predominates. This book charts important case law documenting this shift. It seeks to understand how and why it occurred. Given that the Rylands v Fletcher decision is typically seen as a prime exemplar of strict liability, it focusses particularly on that case, as part of the historical development of tort law. It considers the intellectual arguments made in favour of strict liability, and for fault-based liability. Having done so, it then focusses on particular areas of the law of tort, including nuisance, defamation and trespass. It is somewhat anomalous that though most would view these as examples of torts of strict liability, fault considerations have become prominent in their application. This presents an uneasy compromise, where torts that are notionally strict in nature are infused with fault considerations, often through exceptions or defences. This book advocates for further development in the law of tort to better reflect a primarily fault-based approach to liability, at least in the common law. This would make the law of tort more coherent.
Author : M.E. Bayles,Bruce Chapman
Publisher : Springer Science & Business Media
Page : 275 pages
File Size : 44,5 Mb
Release : 2012-12-06
Category : Philosophy
ISBN : 9789400972032
The essays in this volume are the result of a project on Values in Tort Law directed by the Westminster Institute for Ethics and Human Values. We are indebted to the Board of Westminster Col lege for its financial support. The project involved two meetings of a mixed group of lawyers and philosophers to discuss drafts of papers and general issues in tort law. Beyond the principal researchers, whose papers appear here, we are grateful to John Bargo, Dick Bronaugh, Craig Brown, Earl Cherniak, Bruce Feldthusen, Barry Hoffmaster and Steve Sharzer for their helpful discussion, and to Nancy Margolis for copy editing. All of these papers except one have appeared before in the journal Law and Philosophy (Vol. 1 No.3, December 1982 and Vol. 2 No.1, Apri11983). Chapman's paper which was previously published in The University of Western Ontario Law Review (Vol. 20 No.1, 1982) appears here with permission. Westminster Institute for Ethics and Human Values, M.D.B. Westminster College, London, Canada B.C. vii INTRODUCTION The law of torts is society's primary mechanism for resolving disputes arising from personal injury and property damage.
Author : Frank J. Vandall
Publisher : Praeger
Page : 208 pages
File Size : 53,8 Mb
Release : 1989-10-06
Category : Law
ISBN : STANFORD:36105044225857
This volume presents a cogent analysis of the legal and economic consequences arising from expansion in the doctrine of strict liability and the corresponding decrease in the importance of proving fault. Vandall's goal is to illuminate the role of strict liability in the largely unheralded and informal development of the American compensation system. To this end, he examines and explains the widening of strict liability during the last 121 years, with particular emphasis on the past 29 years. Vandall begins with a historical overview of strict liability, arguing that the policies which have supported the growth of strict liability within products liability also support its application in other areas. By comparing and contrasting the U.S. and British compensation systems, he shows that the U.S. has been drawn towards the adoption of strict liability because it lacks socialized medicine. Subsequent chapters set forth various tests for strict liability and critique the negligence-efficiency theory. Turning to a discussion of contemporary practice, Vandall sets out the present scope of strict liability and asserts that a case can be made for the extension of strict liability far beyond the area of products liability. Finally, Vandall evaluates the reforms aimed at strict liability over the last ten years and concludes that the suggested return to negligence is unwarranted and not supported by facts.
Author : Antony M. Honoré
Publisher : Bloomsbury Publishing
Page : 176 pages
File Size : 51,7 Mb
Release : 1999-06-01
Category : Law
ISBN : 9781847312310
These highly original essays develop themes implicit in Herbert Hart and the author's 'Causation in the Law', 2nd ed. 1985;. Why should we be held responsible for the harm we cause? Honoré; proposes a theory of responsibility, 'outcome responsibility', according to which, to be responsible, it is sufficient to have intervened in the world. To act and to be responsible is to assume certain risks, so that responsibility can be a matter of luck rather than fault or merit. Whether responsibility carries with it moral blame or legal liability is an important but secondary question. With the help of this theory he explains the moral basis of strict liability and of tort law in general; shows when there is a moral difference between positive acts and omissions; and indicates the extent to which the circumstances that cause a wrongdoer to do wrong should affect his responsibility.
Author : Tony Honoré
Publisher : Hart Publishing
Page : 172 pages
File Size : 47,8 Mb
Release : 1999-05-19
Category : Law
ISBN : 9781841130057
Honore (formerly civil law, Oxford U.) develops themes implicit in his and Herbert Hart's 1985 Causation in the Law. In seven essays, he proposes a theory of outcome responsibility that finds intervening in the world to be sufficient to make someone responsible. To act and be responsible is to take risks, he says, so that responsibility can be a matter of luck rather than fault or merit. US distribution is by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Author : Carol Harlow
Publisher : Sweet & Maxwell
Page : 212 pages
File Size : 48,7 Mb
Release : 2005
Category : Law
ISBN : 0421878401
This text offers an overview of the tort system for the non-lawyer or new law undergraduate. This new edition looks at topics such as the theories of tort law, accident compensation and its future, the rise of negligence, and issues in economic loss.
Author : Jules L. Coleman
Publisher : CUP Archive
Page : 532 pages
File Size : 54,7 Mb
Release : 1992-11-27
Category : Business & Economics
ISBN : 0521428610
Jules Coleman discusses the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety.
Author : David Rosenberg (Professor of law)
Publisher : Harvard University Press
Page : 308 pages
File Size : 49,8 Mb
Release : 1995
Category : Biography & Autobiography
ISBN : 0674390024
This bold book challenges a contemporary consensus on the titanic figure of Oliver Wendell Holmes. Holmes is the acknowledged source of twentieth-century tort law, but David Rosenberg takes sharp issue with the current portrayal of Holmes as a legal formalist in torts who opposed the notion of strict liability and dogmatically advocated a universal rule of negligence, primarily to subsidize industrial development. Marshaling the evidence found in Holmes' classic The Common Law and other writings, the author reveals that the opposite was the case, and, in the process, raises troubling questions about the present state of legal scholarship. It was Holmes who founded the modern conception and justification of strict liability. He envisioned an expansive role for strict liability to augment the negligence rule in preventing and redressing injury from industrial activity. This recovery of Holmes' theory of torts provides new insights into the nature of the jurisprudence that launched the American legal realist movement, and also overturns standard interpretations of the history of tort law. Rejecting the prevailing view that either strict liability or negligence reigned exclusively, Holmes and his contemporaries reconciled the existence of both rules, and advocated reforms of tort law to protect society from the unprecedented hazards of industrial life. The parallel drawn by the book between their response and ours in grappling with the novel problem of mass torts confirms Holmes' belief in the adaptive genius of the common law.
Author : Christine Beuermann
Publisher : Bloomsbury Publishing
Page : 244 pages
File Size : 55,7 Mb
Release : 2019-11-28
Category : Law
ISBN : 9781509917549
This book adopts a novel approach to resolving the present difficulties experienced by the courts in imposing strict liability for the tort of another. It looks beyond the traditional classifications of 'vicarious liability' and 'liability for breach of a non-delegable duty of care' and, for the first time, seeks to explain all instances of strict liability for the tort of another in terms of the various relationships in which the courts impose such liability. The book shows that, despite appearances, there is a unifying feature to the various relationships in which the courts currently impose strict liability for the tort of another. That feature is authority. Whenever the courts impose strict liability for the tort of another, the defendant is either vested with authority over the person who committed a tort against the claimant or has vested or conferred a form of authority upon that person in respect of the claimant. This book uses this feature of authority to construct a new expositive framework within which strict liability for the tort of another can be understood.
Author : Robert L. Rabin
Publisher : Aspen Publishers
Page : 370 pages
File Size : 47,9 Mb
Release : 1990
Category : Law
ISBN : UCAL:B4234637
Author : John Oberdiek
Publisher : Unknown
Page : 464 pages
File Size : 47,6 Mb
Release : 2014-02
Category : Law
ISBN : 9780198701385
This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.