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Many Duties Of Care Or A Duty Of Care Notes From The Underground
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Book Synopsis Many Duties of Care-Or a Duty of Care? Notes from the Underground by : David R. Howarth
Download or read book Many Duties of Care-Or a Duty of Care? Notes from the Underground written by David R. Howarth and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the course of attacking the idea that the concept of the duty of care can be dispensed with and replaced by a view of negligence that deals only with fault and causation, critics have revived the notion that there are many duties of care. This article argues that the idea of many duties of care is unworkable, but that there is no need to revive such an idea to avoid falling into the view that the whole concept of the duty of care can be discarded. It argues instead for a unified view of the duty of care as a single duty. It also argues for a new analysis of negligence, facilitated by the one-duty view, which does see fault as central to negligence but which, instead of discarding duty, sees arguments about duty as about whether the defendant should be permitted to act unreasonably. The article defends the one-duty view and the new analysis of negligence against the relational view of negligence and against charges that it is motivated by a desire for unity between English and French law, that it would be incompatible with the conventional economic analysis of tort law (in the course of which it suggests an economic analysis of the duty of care), and that, unlike the no-duty view or the many-duties view, it fails to articulate a coherent view of the relationship between freedom and community.
Book Synopsis The Duty of Care in Negligence by : James Plunkett
Download or read book The Duty of Care in Negligence written by James Plunkett and published by Bloomsbury Publishing. This book was released on 2018-02-08 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. A new structure through which duty problems can be analysed is also proposed. It is hoped that the book provides some fresh insights and clarity of the concept to the reader.
Download or read book Tort Law written by Kirsty Horsey and published by Oxford University Press. This book was released on 2021 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an ideal main text for undergraduate tort law courses. The authors combine a lively, engaging writing style with a critical approach to the subject. It uses pedagogical features such as 'counterpoint' and 'pause for reflection' boxes to encourage students to think more deeply.
Book Synopsis Tort Law: Text and Materials by : Mark Lunney
Download or read book Tort Law: Text and Materials written by Mark Lunney and published by Oxford University Press, USA. This book was released on 2013-08 with total page 1043 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of Lunney and Oliphant's market-leading tort law text provides a complete, authoritative guide to the subject. The book combines clear overviews of the law with well-chosen extracts from cases and materials supported by insightful commentary.
Author : Publisher :Oxford University Press ISBN 13 :0198905807 Total Pages :480 pages Book Rating :4.1/5 (989 download)
Download or read book written by and published by Oxford University Press. This book was released on with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Kidner's Casebook on Torts by : Kirsty Horsey
Download or read book Kidner's Casebook on Torts written by Kirsty Horsey and published by Oxford University Press, USA. This book was released on 2015 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essential companion for undergraduate tort law students, providing a comprehensive portable library of leading tort cases. Horsey & Rackley bring together a range of carefully edited extracts, combined with insightful commentary, questions, and annotated cases to help students identify and analyse the key elements of a case.
Book Synopsis Essential Cases on Misconduct by : Benedict Winiger
Download or read book Essential Cases on Misconduct written by Benedict Winiger and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-01-22 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.
Book Synopsis Tort Law Concentrate by : Carol Brennan
Download or read book Tort Law Concentrate written by Carol Brennan and published by Oxford University Press. This book was released on 2024 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Tort Law written by Nicholas J McBride and published by Pearson UK. This book was released on 2018-05-17 with total page 1283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by two leading scholars, Tort Law combines detailed coverage of the legal principles, supported by hypothetical case scenarios and guided further reading, with critical discussion of the key academic debates and literature in the subject making it ideal for use by anyone studying tort law at undergraduate or postgraduate level. Extensively updated, this new edition covers all important case-law and legislative developments, including the expansion of vicarious liability in Mohamud v Wm Morrison Supermarkets, the treatment of the notion of ‘defect’ under the Consumer Protection Act 1987 in Wilkes v Depuy International Ltd, the reinvigoration of the tort in Wilkinson v Downton by O (a child) v Rhodes, the recognition of a tort of the malicious institution of civil proceedings in Willers v Joyce, and the attempts to reform the law on the defence of illegality in Patel v Mirza.
Book Synopsis Casebook on Tort Law by : Kirsty Horsey
Download or read book Casebook on Tort Law written by Kirsty Horsey and published by Oxford University Press. This book was released on 2024-02-02 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: All the leading cases, illuminated by Horsey & Rackley's trademark clear and lively commentary.The essential companion for undergraduate tort law students, providing a comprehensive portable library of leading tort cases. Horsey & Rackley bring together a range of carefully edited extracts, combined with insightful commentary and annotated cases to help students identify and analyse the key elements.Key features:- The only text of its kind to provide a comprehensive collection of the leading tort law cases for undergraduates- Simple to navigate, pulling all key case law together into one easy-to-use volume which students can work through systematically or use to reference specific cases- Cases are accompanied by succinct author commentary highlighting the key elements of each case- Annotated cases help students understand and analyse materialNew to this edition:The seventeenth edition has been thoroughly revised to reflect recent developments in the law, including Fearn and others v The Board of Trustees of the Tate Gallery [2023] UKSC 4 on private nuisance, Riley v Murray Court of Appeal [2022] EWCA Civ 1146 on defamation, and Paul v Royal Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospital NHS Trust; Purchase v Ahmed [2022] EWCA Civ 12 on psychiatric harm.
Book Synopsis Medical Negligence: Non-Patient and Third Party Claims by : Rachael Mulheron
Download or read book Medical Negligence: Non-Patient and Third Party Claims written by Rachael Mulheron and published by Routledge. This book was released on 2016-04-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Healthcare professionals face an increasing threat of litigation from parties whom they have never met in their daily medical practice and who look nothing like the traditional patient. The so-called ’non-patient’ may take many forms”for example, a person who is injured or killed by a mentally-ill, physically-disabled or diseased patient; a wrongfully-accused parent in a child neglect/abuse case; or a local authority which is put to the expense of caring for a negligently-treated patient. This book explores the legal principles and conundrums which arise when determining a healthcare professional’s liability in negligence towards a wide variety of non-patients. The topic is assuming increasing legal importance and relevance, given the potential for many non-patient claims to give rise to class actions litigation, and in light of the legislative and human rights interventions, and the frequent appellate judicial consideration, which non-patient claims have attracted in recent times. The aim of the book is to have utility for both legal and medical professionals; for academics and students of comparative medical negligence and tort law; and for law reformers who may be interested in adopting certain features of statutory models elsewhere which pertain to some non-patient claims, such as those based upon ’Good Samaritan’ conduct. Important parallels or counterpoints from other common law jurisdictions, in which courts and commentators have grappled with the legal complexities of non-patient claims, are also discussed and critically analyzed.
Book Synopsis Law Express Question and Answer: Tort Law 2nd edn by : Neal Geach
Download or read book Law Express Question and Answer: Tort Law 2nd edn written by Neal Geach and published by Pearson UK. This book was released on 2014-03-04 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the BESTSELLING Law Express revision series. Law Express Question and Answer: Tort Law is designed to ensure you get the most marks for every answer you write by improving your understanding of what examiners are looking for, helping you to focus in on the question being asked and showing you how to make even a strong answer stand out.
Download or read book Business Law written by David Kelly and published by Routledge. This book was released on 2017-07-14 with total page 983 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business Law offers comprehensive coverage of the key aspects of business law that is easy to understand for both law and non-law students. Established legal topics such as the English Legal System, Contract, Consumer, Company and Employment Law, as well as emerging areas such as Health and Safety and Environmental Law, are considered as they apply to business. This edition also includes coverage of the now essential field of Intellectual Property, written by Janice Denoncourt. The work has been thoroughly updated to include all the recent major developments in the law, such as the Consumer Rights Act 2015 and the Small Business, Enterprise and Employment Act 2015 together with important cases that have been decided in the period since the last edition. Mention, of course is made of Brexit, although as yet its outcome and consequences remain uncertain. Key learning features include: Law in context boxes that contextualise each chapter’s topic within the Business environment; diagrams and tables to illustrate key principles; updated key case boxes that highlight landmark cases for easy reference; revision summaries at the end of each chapter to help clarify the key points for each topic; an attractive two-colour text design that aids easy understanding and quick referencing; an up-to-date and easy-to-use companion website with additional features to further your learning and track your progress. Business Law offers a topical overview of this subject in an accessible style suited to both law and business studies undergraduates.
Book Synopsis Coaching, Sport and the Law by : Neil Partington
Download or read book Coaching, Sport and the Law written by Neil Partington and published by Routledge. This book was released on 2021-05-11 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interdependent coach-athlete relationship represents the most fundamental instance of a duty of care in sport. This book defines, analyses and clarifies the duty of care incumbent upon sports coaches and identifies important recommendations of real-world significance for coaching practice. Given the dynamic relationship between coaching, sport and the law, it is imperative that coaches have an informed awareness of the evolving legal context in which they discharge their duty of care. Detailed analysis of a coach’s duty of care has so far been lacking. The book addresses this gap by being the first to critically scrutinise the concept of duty of care in the specific context of sports coaching. Sustained analysis of the developing case law allows the scope and boundaries of the particular duties demanded of coaches to be rigorously examined. The legal principles and court decisions discussed relate to coaching delivered in a wide range of individual and team sports, at both amateur and professional levels of performance, and include common scenarios and challenges frequently encountered by sports coaches globally. By adopting an interdisciplinary approach within a broader sociolegal methodological framework, this book’s detailed analysis and original insights will prove highly instructive for practising coaches, coach educators, and national governing bodies of sport. It also offers extremely valuable insights for students, teachers and practitioners involved in sports law, sports coaching, sports ethics, tort law, sports policy and development, sports studies and physical education.
Book Synopsis Markesinis and Deakin's Tort Law by : Simon Deakin
Download or read book Markesinis and Deakin's Tort Law written by Simon Deakin and published by Oxford University Press, USA. This book was released on 2019-09-02 with total page 1011 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its eighth edition Markesinis and Deakin's Tort Law provides a general overview of the law and full discussion of the academic debates on all major topics, highlighting the relationship between the common law, legislation, and judicial policy. In addition, the authors provide a variety of comparative and economic perspectives on the law of tort and its likely development, always placing the subject in its socio-economic context thereby giving students a deeper and richer understanding of tort law. This detailed and authoritative book offers teachers a wide range of topics to cover, while providing students with a text which is both descriptive and reflective of this branch of law.
Book Synopsis Evidential Uncertainty in Causation in Negligence by : Gemma Turton
Download or read book Evidential Uncertainty in Causation in Negligence written by Gemma Turton and published by Bloomsbury Publishing. This book was released on 2016-05-19 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English case law shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, the scope and meaning of which are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law.
Book Synopsis Markesinis and Deakin's Tort Law by : Simon Deakin, FBA
Download or read book Markesinis and Deakin's Tort Law written by Simon Deakin, FBA and published by Oxford University Press. This book was released on 2012-10-18 with total page 1002 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully updated to cover developments including the Protection from Harassment Act 1997, the Human Rights Act, Regina vs. Ireland, and Regina vs. Burstow, this book provides comprehensive commentary on tort law. The authors provide a variety of comparative and economic perspectives upon the area.
