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Rediscovering The Law Of Negligence
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Book Synopsis Rediscovering the Law of Negligence by : Allan Beever
Download or read book Rediscovering the Law of Negligence written by Allan Beever and published by Bloomsbury Publishing. This book was released on 2007-05-30 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Theory of Tort Liability by : Allan Beever
Download or read book A Theory of Tort Liability written by Allan Beever and published by Bloomsbury Publishing. This book was released on 2016-08-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rediscovering the Law of Negligence by : Allan Beever
Download or read book Rediscovering the Law of Negligence written by Allan Beever and published by Bloomsbury Publishing. This book was released on 2007-05-30 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Treatise on the Law of Negligence by : Thomas Gaskell Shearman
Download or read book A Treatise on the Law of Negligence written by Thomas Gaskell Shearman and published by . This book was released on 1898 with total page 878 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Negligence Purpose, Elements, and Evidence by : Vicki Lawrence MacDougall
Download or read book Negligence Purpose, Elements, and Evidence written by Vicki Lawrence MacDougall and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Negligence: Purpose, Elements, and Evidence book provides in depth knowledge separated by the individual states in the United States. This book will greatly benefit every plaintiff attorney and judge in the USA.
Book Synopsis Proof of Causation in Tort Law by : Sandy Steel
Download or read book Proof of Causation in Tort Law written by Sandy Steel and published by Cambridge University Press. This book was released on 2015-09-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.
Book Synopsis The Law of Negligence by : James Henry Deering
Download or read book The Law of Negligence written by James Henry Deering and published by . This book was released on 1886 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Negligence and Illegality by : Sharon Erbacher
Download or read book Negligence and Illegality written by Sharon Erbacher and published by Bloomsbury Publishing. This book was released on 2017-01-26 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines claims in negligence arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory case law. The book analyses the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. The book argues that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. It develops the work of Ernest Weinribian corrective justice theorists to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application.
Book Synopsis Commentaries on the Law of Negligence in All Relations by : Seymour Dwight Thompson
Download or read book Commentaries on the Law of Negligence in All Relations written by Seymour Dwight Thompson and published by . This book was released on 1907 with total page 1328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Historical Introduction to the Law of Obligations by : David J. Ibbetson
Download or read book A Historical Introduction to the Law of Obligations written by David J. Ibbetson and published by Oxford University Press, USA. This book was released on 2001 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers exploiting procedural advantages in their clients' interest are described & analyzed.
Book Synopsis A Treatise on the Law of Negligence by : Thomas Gaskell Shearman
Download or read book A Treatise on the Law of Negligence written by Thomas Gaskell Shearman and published by . This book was released on 1913 with total page 2317 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Treatise on the Law of Negligence by : Horace Smith
Download or read book A Treatise on the Law of Negligence written by Horace Smith and published by . This book was released on 1884 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Treatise on the Law of Negligence by : Thomas Gaskell Shearman
Download or read book A Treatise on the Law of Negligence written by Thomas Gaskell Shearman and published by . This book was released on 1964 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Private Nuisance by : Allan Beever
Download or read book The Law of Private Nuisance written by Allan Beever and published by Bloomsbury Publishing. This book was released on 2014-07-18 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is said that a nuisance is an interference with the use and enjoyment of land. This definition is typically unhelpful. While a nuisance must fit this account, it is plain that not all such interferences are legal nuisances. Thus, analysis of this area of the law begins with a definition far too broad for its subject matter, forcing the analyst to find more or less arbitrary ways of cutting back on potential liability. Tort law is plagued by this kind of approach. In the law of nuisance, today's preferred method of cutting back is to employ the notion of reasonableness. No one seems to know quite what 'reasonableness' means in this context, however. This is because, in fact, it does not mean anything. The notion is no more than the immediately recognisable symptom of our inadequate comprehension of the law. This book expounds a new understanding of the law of nuisance, an understanding that presents the law in a coherent and systematic fashion. It advances a single, central suggestion: that the law of nuisance is the method that the common law utilises for prioritising property rights so that conflicts between uses of property can be resolved.
Book Synopsis Economic Negligence by : Jay M. Feinman
Download or read book Economic Negligence written by Jay M. Feinman and published by Aspen Publishers. This book was released on 1995 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Treatise on the Law of Negligence by : Thomas Gaskell Shearman
Download or read book A Treatise on the Law of Negligence written by Thomas Gaskell Shearman and published by Forgotten Books. This book was released on 2015-06-26 with total page 812 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from A Treatise on the Law of Negligence This Treatise may fairly claim to be considered a pioneer in its peculiar field. Its authors are not aware of more than one book that is professedly devoted to the same subject; and that, although a useful compilation of reported decisions, is not, and does not pretend to be, a treatise, and is made up exclusively from the Scotch and English reports. One or two treatises on the Law of Torts devote considerable space to the subject of Negligence; but a very brief examination will satisfy any one that those works have afforded no material aid to the preparation of this. The newness of the field is not mentioned as a merit of the book, so much as an excuse for its defects. A law book can be much better written upon the foundation of several preceding works on the same subject, than when its authors have little or nothing to guide them in their labors. And this, with the fact that the book has been prepared in the brief intervals of an active and engrossing practice, amid constant interruption, and in hours which ought to have been given to rest, is all the apology which will be here made for the many defects of this book: defects of which no one can be half so conscious as the authors themselves. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Book Synopsis A Treatise on the Law of Negligence by : Francis Wharton
Download or read book A Treatise on the Law of Negligence written by Francis Wharton and published by . This book was released on 1878 with total page 960 pages. Available in PDF, EPUB and Kindle. Book excerpt:
