Reconceptualising Strict Liability for the Tort of Another

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509917543
Total Pages : 255 pages
Book Rating : 4.5/5 (99 download)

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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 255 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.

Business Law I Essentials

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Author :
Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

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

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509940995
Total Pages : 287 pages
Book Rating : 4.5/5 (99 download)

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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 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strict liability and the common law -- Strict liability and particular torts in legal history -- Rylands v Fletcher in the United Kingdom -- Comparative approach to Rylands v Fletcher liability -- Summary of the theoretical debate : strict liability and fault-based liability -- Critical reflections on the justifications for strict liability -- The tort of nuisance and fault -- Strict liability in the law of defamation -- Trespass and fault.

A Theory of Strict Liability

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Author :
Publisher :
ISBN 13 :
Total Pages : 164 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis A Theory of Strict Liability by : Richard Allen Epstein

Download or read book A Theory of Strict Liability written by Richard Allen Epstein and published by . This book was released on 1980 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Errata slip inserted. Bibliography: p. 137-140.

The American Law of Torts

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Publisher :
ISBN 13 :
Total Pages : 1230 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The American Law of Torts by : Stuart M. Speiser

Download or read book The American Law of Torts written by Stuart M. Speiser and published by . This book was released on 1986 with total page 1230 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Private Wrongs

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Publisher : Harvard University Press
ISBN 13 : 0674659805
Total Pages : 328 pages
Book Rating : 4.6/5 (746 download)

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Book Synopsis Private Wrongs by : Arthur Ripstein

Download or read book Private Wrongs written by Arthur Ripstein and published by Harvard University Press. This book was released on 2016-04-05 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 8. Remedies, Part 1: As If It Had Never Happened -- Chapter 9. Remedies, Part 2: Before a Court -- Chapter 10. Conclusion: Horizontal and Vertical -- Index

Appraising Strict Liability

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Author :
Publisher : Oxford Monographs on Criminal
ISBN 13 : 9780199278510
Total Pages : 0 pages
Book Rating : 4.2/5 (785 download)

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Book Synopsis Appraising Strict Liability by : A. P. Simester

Download or read book Appraising Strict Liability written by A. P. Simester and published by Oxford Monographs on Criminal. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. Offences are said to impose strict liability when, in relation to one or more elements of the actus reus, there is no need for the prosecution to prove a corresponding mensrea or fault element. For example, in the 1986 case of Storkwain, the defendant chemists were convicted of selling controlled medicines without prescription simply upon proof that they had in fact done so. It was irrelevant that they neither knew nor had reason to suspect that the 'prescriptions'they fulfilled were forgeries. Thus strict liability offences have the potential to generate criminal convictions of persons who are morally innocent.Appraising Strict Liability is a collection of original contributions offering the first full-length consideration of the problem of strict liability in the criminal law. The chapters, including European and Anglo-American perspectives, provide a sustained and wide-ranging examination of thefundamental issues. They explore the definition of strict liability; the relationship between strict liability and blame, and its implications for the requirement for culpability in criminal law; the relevance of European and human rights jurisprudence; and the interaction between substantive rulesof strict liability and evidential presumptions.The breadth and depth of the contributions combine to present readers with a sophisticated analysis of the place and legitimacy of strict liability in the criminal law.

Negligence Without Fault

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Author :
Publisher : Univ of California Press
ISBN 13 : 0520350154
Total Pages : 104 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Negligence Without Fault by : Albert A. Ehrenzweig

Download or read book Negligence Without Fault written by Albert A. Ehrenzweig and published by Univ of California Press. This book was released on 2023-11-10 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.

Feminist Judgments: Rewritten Tort Opinions

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Publisher : Cambridge University Press
ISBN 13 : 1108484298
Total Pages : 459 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Feminist Judgments: Rewritten Tort Opinions by : Martha Chamallas

Download or read book Feminist Judgments: Rewritten Tort Opinions written by Martha Chamallas and published by Cambridge University Press. This book was released on 2020-12-10 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: A feminist rewrite of tort law cases that reveals gender bias and the law's failure to redress serious harms to women.

Criminal Law

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Publisher :
ISBN 13 :
Total Pages : 508 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Criminal Law by : Jonathan Herring

Download or read book Criminal Law written by Jonathan Herring and published by . This book was released on 2007 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides an introduction to criminal law. It includes discussion of important case law developments in the law of provocation, consent, conspiracy and duress, and also discusses the Law Commission's proposals on the law of murder.

Principles of Products Liability

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Author :
Publisher : Foundation Press
ISBN 13 : 9781599419145
Total Pages : 0 pages
Book Rating : 4.4/5 (191 download)

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Book Synopsis Principles of Products Liability by : Mark Geistfeld

Download or read book Principles of Products Liability written by Mark Geistfeld and published by Foundation Press. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The varied doctrines, disputes, competing conceptions of liability and responsibility, and leading cases in this area are all discussed in this book. Unlike other books in this subject area, this title fully develops the underlying concepts and then repeatedly shows how the important doctrines can be understood in terms of a few basic principles. The book also provides insights into the processes of the common law, while locating products liability within tort law more generally. The book will be of interest both for the specialized study of products liability and the more general study of tort law.

Justifying Strict Liability

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192676075
Total Pages : 402 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Justifying Strict Liability by : Marco Cappelletti

Download or read book Justifying Strict Liability written by Marco Cappelletti and published by Oxford University Press. This book was released on 2022-05-23 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.

The Economic Effects of the Liability System

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Author :
Publisher : Hoover Institution Press
ISBN 13 : 9780817959623
Total Pages : 0 pages
Book Rating : 4.9/5 (596 download)

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Book Synopsis The Economic Effects of the Liability System by : Daniel P. Kessler

Download or read book The Economic Effects of the Liability System written by Daniel P. Kessler and published by Hoover Institution Press. This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Women and Health Research

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Author :
Publisher :
ISBN 13 :
Total Pages : 268 pages
Book Rating : 4.3/5 (97 download)

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Book Synopsis Women and Health Research by : Anna C. Mastroianni

Download or read book Women and Health Research written by Anna C. Mastroianni and published by . This book was released on 1994 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reconceptualising Strict Liability for the Tort of Another

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509917551
Total Pages : 241 pages
Book Rating : 4.5/5 (99 download)

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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 241 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

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

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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.

Duty and Integrity in Tort Law

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Author :
Publisher :
ISBN 13 : 9781594606694
Total Pages : 0 pages
Book Rating : 4.6/5 (66 download)

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Book Synopsis Duty and Integrity in Tort Law by : Alan Calnan

Download or read book Duty and Integrity in Tort Law written by Alan Calnan and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Duty and Integrity in Tort Law is a comprehensive, versatile and revolutionary examination of the tort concept of duty. After tracing the historical evolution of tort law, Duty and Integrity analyzes the current approaches to tort duties, including the new approach offered by the authoritive Restatement (Third) of Torts. Unlike these approaches, which tend to focus exclusively on negligence duties, Duty and Integrity examines the role of duty in all three of tort law's theories of liability--intentional torts, strict liability and negligence--exposing the similarities and differences of these duties and suggesting grounds for their integration. Aside from its critical commentary, Duty and Integrity contains many important philosophical and pragmatic insights. It reveals the moral and political foundations of tort law and duty by offering accessible explorations of corrective justice, distributive justice, and liberalism. Because liberal justice requires coherence in law, Ronald Dworkin's acclaimed theory of "law as integrity" both frames and instructs the discussion. After explaining, critiquing, and endorsing a modified version of Dworkin's approach, the book presents a groundbreaking methodology called "duty as integrity" for resolving any tort duty question. To demonstrate the practicality of this approach, Duty and Integrity concludes by thoroughly applying the proposed methodology to a recent and controversial decision of an influential state supreme court. Given its broad intellectual scope, Duty and Integrity in Tort Law should appeal to legal and nonlegal academics and their students, as well as members of the legal community at large. Its transparent style makes it suitable both for advanced undergraduate or graduate classes on law, philosophy or polilitical science and for law school courses on torts, advanced torts, tort theory, jurisprudence, law and politics, law and policy, legal history, and many more.