Reconceptualising Strict Liability For The Tort Of Another

Download Reconceptualising Strict Liability For The Tort Of Another full books in PDF, epub, and Kindle. Read online Reconceptualising Strict Liability For The Tort Of Another ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Reconceptualising Strict Liability for the Tort of Another

Author : Christine Beuermann
Publisher :
ISBN 13 : 9781509917563
Total Pages : 0 pages
Book Rating : 4.9/5 (175 download)

DOWNLOAD NOW!

Book Synopsis Reconceptualising Strict Liability for the Tort of Another by : Christine Beuermann

Download or read book Reconceptualising Strict Liability for the Tort of Another written by Christine Beuermann and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: II. Making the Boundaries Clear -- III. Conclusion -- 8. Miscellaneous Categories of Strict Liability for the Tort of Another -- I. Partner Strict Liability -- II. Strict Liability for a Tort Committed by a Person upon whom Authority has been Conferred to Deal with a Bailor's Goods -- III. Strict Liability for a Tort Committed by a Person Driving a Car for the Owner's Purposes? -- IV. Conclusion -- 9. Conclusion -- I. The Importance of the Book -- II. Authority -- III. Normative Underpinnings IV. Personal Liability v Strict Liability -- V. Where to from here?.

Reconceptualising Strict Liability for the Tort of Another

Author : Christine Beuermann
Publisher : Bloomsbury Publishing
ISBN 13 : 1509917551
Total Pages : 240 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis Reconceptualising Strict Liability for the Tort of Another by : Christine Beuermann

Download or read book Reconceptualising Strict Liability for the Tort of Another written by Christine Beuermann and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Reconceptualising Strict Liability for the Tort of Another

Author : Christine Beuermann
Publisher : Bloomsbury Publishing
ISBN 13 : 1509917543
Total Pages : 244 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis Reconceptualising Strict Liability for the Tort of Another by : Christine Beuermann

Download or read book Reconceptualising Strict Liability for the Tort of Another written by Christine Beuermann and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Evolution from Strict Liability to Fault in the Law of Torts

Author : Anthony Gray
Publisher : Bloomsbury Publishing
ISBN 13 : 1509941010
Total Pages : 296 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis The Evolution from Strict Liability to Fault in the Law of Torts by : Anthony Gray

Download or read book The Evolution from Strict Liability to Fault in the Law of Torts written by Anthony Gray and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Tort Law

Author : Tjong Tjin Tai, Eric
Publisher : Edward Elgar Publishing
ISBN 13 : 1803924365
Total Pages : 225 pages
Book Rating : 4.8/5 (39 download)

DOWNLOAD NOW!

Book Synopsis Tort Law by : Tjong Tjin Tai, Eric

Download or read book Tort Law written by Tjong Tjin Tai, Eric and published by Edward Elgar Publishing. This book was released on 2022-09-06 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This accessible textbook provides an introductory guide to tort law, with a structured explanation of the key concepts and doctrines. Using a comparative approach, the discussion is illustrated with case law and provisions from three key jurisdictions: England, France and Germany. With liberal reference to other codes and cases from around the world, the book gives readers a contextual understanding and will appeal to classes with a global outlook.

Street on Torts

Author : Christian Witting
Publisher : Oxford University Press
ISBN 13 : 0198865503
Total Pages : 768 pages
Book Rating : 4.1/5 (988 download)

DOWNLOAD NOW!

Book Synopsis Street on Torts by : Christian Witting

Download or read book Street on Torts written by Christian Witting and published by Oxford University Press. This book was released on 2021 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Street on Torts' provides a scholarly and incisive treatment of the law of torts with a focus upon key concepts and clear explanations.

Corporate Attribution in Private Law

Author : Rachel Leow
Publisher : Bloomsbury Publishing
ISBN 13 : 1509941371
Total Pages : 280 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis Corporate Attribution in Private Law by : Rachel Leow

Download or read book Corporate Attribution in Private Law written by Rachel Leow and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looking at key questions of how companies are held accountable under private law, this book presents a succinct and accessible framework for analysing and answering corporate attribution problems in private law. Corporate attribution is the process by which the acts and states of mind of human individuals are treated as those of a company to establish the company's rights, duties, and liabilities. But when and why are acts and states of mind attributed in private law? Drawing on a wide range of material from across the disparate areas of company law, agency law, and the laws of contract, tort, unjust enrichment, and equitable obligations, this book's central argument is that attribution turns on the allocation and delegation of the company's own powers to act. This approach allows for a much greater and clearer understanding of attribution. A further benefit is that it shows attribution to be much more united and coherent than it is commonly thought to be. Looking at corporate attribution across the broad expanse of the common law, this book will be of interest to lawyers across the common law world, including the United Kingdom, Australia, Canada, and Singapore.

Taking Law Seriously

Author : James Goudkamp
Publisher : Bloomsbury Publishing
ISBN 13 : 1509940731
Total Pages : 427 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis Taking Law Seriously by : James Goudkamp

Download or read book Taking Law Seriously written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book celebrates the scholarship of Peter Cane. The significance and scale of his contributions to the discipline of law over the last half-century cannot be overstated. In an era of increasing specialisation, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is written by admirers of Cane's work, and the essays probe a wide range of issues, especially in administrative law and tort law. Consistently with the international prominence that Cane's research has enjoyed, the contributors are drawn from across the common law world. The volume will be of value to anyone who is interested in Cane's towering contributions to legal scholarship and administrative law and tort law more generally.

The Culpable Corporate Mind

Author : Elise Bant
Publisher : Bloomsbury Publishing
ISBN 13 : 150995239X
Total Pages : 523 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis The Culpable Corporate Mind by : Elise Bant

Download or read book The Culpable Corporate Mind written by Elise Bant and published by Bloomsbury Publishing. This book was released on 2023-04-20 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines critically, and with an eye to reform, conceptions and conditions of corporate blameworthiness in law. It draws on legal, moral, regulatory and psychological theory, as well as historical and comparative perspectives. These insights are applied across the spheres of civil, criminal, and international law. The collection also has a deliberate focus on the 'nuts and bolts' of the law: the legal, equitable and statutory principles and rules that operate to establish corporate states of mind, on which responsibility as a matter of daily legal practice commonly depends.The collection therefore engages strongly with scholarly debates. The book also speaks, clearly and cogently, to the judges, regulators, legislators, law reform commissioners, barristers and practitioners who administer and, through their respective roles, incrementally influence the development of the law at the coalface of legal practice.

Vicarious Liability in the Common Law World

Author : Paula Giliker
Publisher : Bloomsbury Publishing
ISBN 13 : 1509939091
Total Pages : 267 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis Vicarious Liability in the Common Law World by : Paula Giliker

Download or read book Vicarious Liability in the Common Law World written by Paula Giliker and published by Bloomsbury Publishing. This book was released on 2022-10-20 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the one place to find unprecedented access to case-law, doctrinal debates and comparative reflections on vicarious liability from across the common law world. The doctrine of vicarious liability, that is strict liability for the torts of others, represents one of the most controversial areas of tort law. Unsurprisingly it is a doctrine that has been discussed in the highest courts of common law jurisdictions. This collection responds to uncertainties as to the operation of vicarious liability in twenty-first century tort law by looking at key common law jurisdictions and asking expert scholars to set out and critically analyse the law, identifying factors influencing change and the extent to which case-law from other common law jurisdictions has been influential. The jurisdictions covered include Canada, England and Wales, Australia, Singapore, Ireland, Hong Kong and New Zealand. In providing critical analysis of this important topic, it will be essential and compelling reading for all scholars of tort law and practitioners working in this field.

Lunney and Oliphant's Tort Law

Author : Ken Oliphant
Publisher : Oxford University Press
ISBN 13 : 0198865112
Total Pages : 1086 pages
Book Rating : 4.1/5 (988 download)

DOWNLOAD NOW!

Book Synopsis Lunney and Oliphant's Tort Law by : Ken Oliphant

Download or read book Lunney and Oliphant's Tort Law written by Ken Oliphant and published by Oxford University Press. This book was released on 2023-02-23 with total page 1086 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a socio-legal approach and provides a rich and thorough understanding of tort law. Each section begins with a clear overview of the law, followed by illustrative extracts from case law and from government reports and scholarly literature, which are supported by explanation and analysis. This seventh edition has been brought completely up to date by Ken Oliphant and Donal Nolan.Digital formatsThe seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.· The e-book offers a mobile experience and convenient access along with functionality tools and navigation features: www.oxfordtextbooks.co.uk/ebooks · All of OUP's tort law textbooks are supported by online resources including bi-annual updates on the latest key developments in tort law, and self-test questions on key topics, with feedback, providing an opportunity for students to test and consolidate their learning.

Vicarious Liability in Tort

Author : Paula Giliker
Publisher : Cambridge University Press
ISBN 13 : 1139493078
Total Pages : 331 pages
Book Rating : 4.1/5 (394 download)

DOWNLOAD NOW!

Book Synopsis Vicarious Liability in Tort by : Paula Giliker

Download or read book Vicarious Liability in Tort written by Paula Giliker and published by Cambridge University Press. This book was released on 2010-10-28 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.

Omissions in Tort Law

Author : Sandy Steel
Publisher : Oxford University Press
ISBN 13 : 0192636405
Total Pages : 305 pages
Book Rating : 4.1/5 (926 download)

DOWNLOAD NOW!

Book Synopsis Omissions in Tort Law by : Sandy Steel

Download or read book Omissions in Tort Law written by Sandy Steel and published by Oxford University Press. This book was released on 2024-09-24 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether or not a person has a positive duty to prevent harm is both a complex and fundamental question in English tort law. There is a distinction drawn between doing harm and failing to prevent it, between acts and omissions. However, there are instances in which a failure to act can have legal consequences. Omissions in Tort Law analyses the justification for the lack of a general positive duty to prevent harm and argues that it is not best understood in terms of the distinction between acts and omissions, but in terms of making things worse versus not making things better. It considers when the law will and should impose duties to improve another's position. It provides novel conceptual analyses of the basic concepts that inform the imposition of positive duties, such as creation of risk, interfering with aid, assuming responsibility, controlling a source of risk, and the normative considerations that underpin them. In addition, it addresses the ways in which the law differentiates between actively causing harm and failing to protect from harm, and makes recommendations as to how the law could be improved. Exploring the ways in which conceptions of morality intersect with legal obligations, Omissions in Tort Law offers a detailed and nuanced perspective on omissions and positive duties, including scope, justification, and potential areas for change.

Scholars of Tort Law

Author : James Goudkamp
Publisher : Bloomsbury Publishing
ISBN 13 : 1509910581
Total Pages : 416 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis Scholars of Tort Law by : James Goudkamp

Download or read book Scholars of Tort Law written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2019-10-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication of Scholars of Tort Law marks the beginning of a long overdue rebalancing of private law scholarship. Instead of concentrating on judicial decisions and academic commentary only for what that commentary says about judicial decisions, the book explores the contributions of scholars of tort law in their own right. The work of a selection of leading scholars of tort law from across the common law world, ranging from Thomas Cooley (1824–1898) to Patrick Atiyah (1931–2018), is addressed by eminent current scholars in the field. The focus of the contributions is on the nature of the work produced by each of the scholars in question, important influences on their work, and the influence which that work in turn had on thinking about tort law. The process of subjecting tort law scholarship to sustained analysis provides new insights into the intellectual development of tort law and reveals the important role played by scholars in that development. By focusing on the work of influential tort scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.

Tort Law: Challenging Orthodoxy

Author : Stephen G.A. Pitel
Publisher : Bloomsbury Publishing
ISBN 13 : 1782252495
Total Pages : 516 pages
Book Rating : 4.7/5 (822 download)

DOWNLOAD NOW!

Book Synopsis Tort Law: Challenging Orthodoxy by : Stephen G.A. Pitel

Download or read book Tort Law: Challenging Orthodoxy written by Stephen G.A. Pitel and published by Bloomsbury Publishing. This book was released on 2013-10-11 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Tort Law

Author : Jason W. Neyers
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317014
Total Pages : 610 pages
Book Rating : 4.8/5 (473 download)

DOWNLOAD NOW!

Book Synopsis Emerging Issues in Tort Law by : Jason W. Neyers

Download or read book Emerging Issues in Tort Law written by Jason W. Neyers and published by Bloomsbury Publishing. This book was released on 2007-05-29 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Artificial Intelligence and International Economic Law

Author : Shin-yi Peng
Publisher : Cambridge University Press
ISBN 13 : 1108957153
Total Pages : 365 pages
Book Rating : 4.1/5 (89 download)

DOWNLOAD NOW!

Book Synopsis Artificial Intelligence and International Economic Law by : Shin-yi Peng

Download or read book Artificial Intelligence and International Economic Law written by Shin-yi Peng and published by Cambridge University Press. This book was released on 2021-10-14 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Artificial intelligence (AI) technologies are transforming economies, societies, and geopolitics. Enabled by the exponential increase of data that is collected, transmitted, and processed transnationally, these changes have important implications for international economic law (IEL). This volume examines the dynamic interplay between AI and IEL by addressing an array of critical new questions, including: How to conceptualize, categorize, and analyze AI for purposes of IEL? How is AI affecting established concepts and rubrics of IEL? Is there a need to reconfigure IEL, and if so, how? Contributors also respond to other cross-cutting issues, including digital inequality, data protection, algorithms and ethics, the regulation of AI-use cases (autonomous vehicles), and systemic shifts in e-commerce (digital trade) and industrial production (fourth industrial revolution). This title is also available as Open Access on Cambridge Core.