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Author : Gregory S. Pun
Publisher :
ISBN 13 : 9780433454090
Total Pages : 274 pages
Book Rating : 4.4/5 (54 download)
Download or read book The Law of Nuisance in Canada written by Gregory S. Pun and published by . This book was released on 2010-01-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John C. P. Goldberg
Publisher : Harvard University Press
ISBN 13 : 0674246527
Total Pages : 393 pages
Book Rating : 4.6/5 (742 download)
Download or read book Recognizing Wrongs written by John C. P. Goldberg and published by Harvard University Press. This book was released on 2020-02-04 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
Author : Anthony Gray
Publisher : Bloomsbury Publishing
ISBN 13 : 1509941010
Total Pages : 296 pages
Book Rating : 4.5/5 (99 download)
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.
Author : Kenneth D. Cooper-Stephenson
Publisher : Captus Press
ISBN 13 : 9780921801870
Total Pages : 448 pages
Book Rating : 4.8/5 (18 download)
Download or read book Tort Theory written by Kenneth D. Cooper-Stephenson and published by Captus Press. This book was released on 1993 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Allan Beever
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253408
Total Pages : 297 pages
Book Rating : 4.7/5 (822 download)
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.
Author : Kirsty Horsey
Publisher : Oxford University Press
ISBN 13 : 0198785283
Total Pages : 727 pages
Book Rating : 4.1/5 (987 download)
Download or read book Tort Law written by Kirsty Horsey and published by Oxford University Press. This book was released on 2017 with total page 727 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.
Author : Christian Witting
Publisher : Oxford University Press
ISBN 13 : 0198865503
Total Pages : 768 pages
Book Rating : 4.1/5 (988 download)
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.
Author : Arthur Ripstein
Publisher : Harvard University Press
ISBN 13 : 0674659805
Total Pages : 328 pages
Book Rating : 4.6/5 (746 download)
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
Author : Frederick Pollock
Publisher :
ISBN 13 :
Total Pages : 716 pages
Book Rating : 4.A/5 ( download)
Download or read book The Law of Torts written by Frederick Pollock and published by . This book was released on 1901 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : James Gordley
Publisher : Cambridge University Press
ISBN 13 : 1108835848
Total Pages : 735 pages
Book Rating : 4.1/5 (88 download)
Download or read book An Introduction to the Comparative Study of Private Law written by James Gordley and published by Cambridge University Press. This book was released on 2021-01-28 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.
Author : Linda S. Mullenix
Publisher : Cambridge University Press
ISBN 13 : 1009334921
Total Pages : 287 pages
Book Rating : 4.0/5 (93 download)
Download or read book Public Nuisance written by Linda S. Mullenix and published by Cambridge University Press. This book was released on 2023-11-30 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Public Nuisance, Linda Mullenix describes the landscape of 21st century mass tort litigation involving public harms - including lead paint, opioids, firearms, e-cigarettes, climate change, and environmental pollution - and the novel theory of public nuisance that lawyers and local governments have used to receive compensation from those who have created public nuisances. The book surveys conflicting judicial decisions rooted in common law and statutory interpretation and evaluates the competing arguments for and against the expansion of public nuisance law. Mullenix argues that that the development of public nuisance theory is part of the historical arc of mass tort litigation and suggests a middle approach to new public nuisance law, namely that we should embrace the common law and legislated public nuisance statutes.
Author : Morton J. HORWITZ
Publisher : Harvard University Press
ISBN 13 : 0674038789
Total Pages : 378 pages
Book Rating : 4.6/5 (74 download)
Download or read book The Transformation of American Law, 1780-1860 written by Morton J. HORWITZ and published by Harvard University Press. This book was released on 2009-06-30 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.
Author : Thomas Lundmark
Publisher : LIT Verlag Münster
ISBN 13 : 9783825837396
Total Pages : 264 pages
Book Rating : 4.8/5 (373 download)
Download or read book Common Law Tort & Contract written by Thomas Lundmark and published by LIT Verlag Münster. This book was released on 1998 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Vera Bermingham
Publisher : Oxford University Press, USA
ISBN 13 : 0199639566
Total Pages : 354 pages
Book Rating : 4.1/5 (996 download)
Download or read book Tort Law Directions written by Vera Bermingham and published by Oxford University Press, USA. This book was released on 2012-04-05 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort Law Directions is written in an engaging and lively manner with an emphasis on explaining the key topics covered on tort law courses with clarity. The book includes helpful learning features to guide students through the material in an interesting and interactive way.
Author : Sakif Alam
Publisher : Taylor & Francis
ISBN 13 : 1000505154
Total Pages : 426 pages
Book Rating : 4.0/5 (5 download)
Download or read book Tort Law in Bangladesh written by Sakif Alam and published by Taylor & Francis. This book was released on 2021-11-29 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the use of tort laws in Bangladesh, outlining critical studies and cases on key concepts such as nuisance, international torts, negligence, and liability. Drawing from case studies in the UK, USA, Canada, Australia, and India, the volume comparatively analyses various aspects of tort law including its efficacy, issues of determination and monetary considerations. It scrutinizes academic literature and prominent cases such as Bangladesh Beverage Industries Ltd v Rowshan Akhter and Children Charity Bangladesh Foundation v Government of Bangladesh among others to examine the objective and use of tort law in Bangladesh. It also explores fundamental misconceptions related to the use of torts, protection of public and private rights, formalization of tort cases in courts, types of legal remedies for injuries, and more. Lucid and topical, this book will be an essential read for scholars of law, tort law, constitutional law, civil and criminal law as well as for legal professionals especially those concerned with Bangladesh.
Author : Bryan M E McMahon
Publisher : Bloomsbury Publishing
ISBN 13 : 1780438842
Total Pages : 2668 pages
Book Rating : 4.7/5 (84 download)
Download or read book Law of Torts written by Bryan M E McMahon and published by Bloomsbury Publishing. This book was released on 2015-04-23 with total page 2668 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the eagerly awaited new edition of Law of Torts, the complete Irish tort law reference book. For this, the contents have been extensively revised since the last edition was published in 2000. Key developments are detailed and relevant recent case law is examined. This book is essential for both legal practitioners and people studying Irish law. Recent important legislation examined in the book includes: Criminal Law (Defence and the Dwelling) Act 2011, Civil Law (Miscellaneous Provisions) Act 2011, Defamation Act 2009, Consumer Protection Act 2007, Civil Liability and Courts Act 2004 and Personal Injuries Assessment Board Act 2003. Key developments and case law are examined in areas such as pure economic loss, limitations and purchase of financial products, vicarious liability for sexual assaults, damages, privacy, defamation, psychiatric injury, liability of public authorities, employers' liability, professional negligence, defective buildings and products and occupiers' liability. First published in 1980, Law of Torts has long been a cornerstone work in Irish law, indeed in the foreword to the first edition Judge Brian Walshe noted that the book represented a challenge to the 'unquestioned assumption that English text-books would satisfy all needs.' This new addition will only add to the book's long-established merit and value.
Author : Sarah McKibbin
Publisher : Springer Nature
ISBN 13 : 3030900681
Total Pages : 314 pages
Book Rating : 4.0/5 (39 download)
Download or read book The Impact of Law's History written by Sarah McKibbin and published by Springer Nature. This book was released on 2022-03-30 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how legal history has shaped and continues to shape our shared present. Each chapter draws a clear and significant connection to a meaningful feature of our lives today. Focusing primarily on England and Australia, contributions show the diversity of approaches to legal history’s relevance to the present. Some contributors have a tight focus on legal decisions of particular importance. Others take much bigger picture overview of major changes that take centuries to register and where impact is still felt. The contributors are a mix of legal historians, practising lawyers, members of the judiciary, and legal academics, and develop analysis from a range of sources from statutes and legal treatises to television programs. Major legal personalities from Edward Marshall Hall to Sir Dudley Ryder are considered, as are landmarks in law from the Magna Carta to the Mabo Decision.
