Towards A Public Law Of Tort

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Towards a Public Law of Tort

Author : Tom Cornford
Publisher : Routledge
ISBN 13 : 1317009282
Total Pages : 278 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Towards a Public Law of Tort by : Tom Cornford

Download or read book Towards a Public Law of Tort written by Tom Cornford and published by Routledge. This book was released on 2016-02-24 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a new approach to the problem of public authority liability, this volume provides a theoretical foundation in the form of principles of administrative liability that are both normatively sound and consonant with other recognized legal principles. These principles are used as criteria by which to judge the current law and as a guide to reform. Such reform could be brought about by judicial development of the law, and this volume explains how. It considers both the procedural and the substantive divides between public and private law and explains the proposed solution's relation to the forms of public authority liability already present under European Community law and the Human Rights Act. Focusing in particular on UK law, the book is also relevant to other Commonwealth countries and will be of interest to scholars and practitioners of both tort and public law.

Understanding Tort Law

Author : Carol Harlow
Publisher : Sweet & Maxwell
ISBN 13 : 9780421878402
Total Pages : 212 pages
Book Rating : 4.8/5 (784 download)

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Book Synopsis Understanding Tort Law by : Carol Harlow

Download or read book Understanding Tort Law written by Carol Harlow and published by Sweet & Maxwell. This book was released on 2005 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text offers an overview of the tort system for the non-lawyer or new law undergraduate. This new edition looks at topics such as the theories of tort law, accident compensation and its future, the rise of negligence, and issues in economic loss.

The Duty to Act

Author : Marshall S. Shapo
Publisher : University of Texas Press
ISBN 13 : 1477303006
Total Pages : 224 pages
Book Rating : 4.4/5 (773 download)

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Book Synopsis The Duty to Act by : Marshall S. Shapo

Download or read book The Duty to Act written by Marshall S. Shapo and published by University of Texas Press. This book was released on 2014-09-10 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: A woman terrified by the threats of a jilted suitor is denied police protection. A workman collapses on the job and the employer is slow to help him. A bully in a bar begins to carry out threats of serious injury to a customer, after the bartender’s lackadaisical response. Springing from varied areas of human activity, such cases occupy an important area of the legal battleground called modern tort law. They also provide the basis for a fascinating legal analysis by Marshall S. Shapo. Tort law is an important social mediator of events surrounding personal injuries. It impinges on many other areas of the law—those dealing with crime, constitutional protections against government officials and agencies, and property rights. Since litigated tort cases often involve brutal treatment or accidents inflicting severe physical harm, this area of the law generates much emotion and complex legal doctrine. Shapo cuts through the emotion and the complexity to present a view of these problems that is both legally sound and intuitively appealing. His emphasis is on power relationships between private citizens and other individuals, as well as between private persons and governments and officials. He undertakes to define power in a meaningful way as it relates to many tort issues faced by ordinary citizens, and to make this definition precise by constant reference to concrete cases. His particular focus is on an age-old problem in tort law: the question of when a person has a duty to aid another in peril. In analyzing a large number of cases in this category, Shapo develops an analysis that blends considerations of economic efficiency and humanitarian concern. Recognizing that economic considerations are significant in judicial analysis of these cases, he emphasizes elements that go beyond a simple concern with efficiency, especially the ability of one person to control another’s actions or exposure to risk. These considerations of power and corresponding dependence provide the basis for Shapo’s study of the duties of both private citizens and governments to prevent injury to others. Calling on a broad range of legal precedents, he also refers to social science research dealing with the behavior of bystanders when fellow citizens are under attack. Beyond his application of a power-based analysis to litigation traditionally based in tort doctrine, Shapo offers some speculative suggestions on the possible applicability of his views to several controversial areas of welfare law: medical care, municipal services, and educational standards. This book was written with a view to readership by interested citizens as well as legal scholars, judges, and practicing attorneys.

Public Management and the Rule of Law

Author : Julia Beckett
Publisher : M.E. Sharpe
ISBN 13 : 0765628589
Total Pages : 234 pages
Book Rating : 4.7/5 (656 download)

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Book Synopsis Public Management and the Rule of Law by : Julia Beckett

Download or read book Public Management and the Rule of Law written by Julia Beckett and published by M.E. Sharpe. This book was released on 2015-05-18 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Filled with practical tools and guidelines, this book addresses an essential competence for public managers - incorporating governance and law in public administration. It links democratic constitutional values to administrative decision making and practices by stressing how public law authorizes, informs, and democratically constrains public servants in fulfilling public policies. The author addresses important aspects of governance in chapters that discuss democratic values of the rule of law, constitutional law, legislation and policy, administrative law, judicial practice, contract law, and tort law. The book also considers the practical aspects of public management (such as tax collection, benefits administration, personnel administration, and more), with application guidelines and techniques based on thorough legal grounding.

Recognizing Wrongs

Author : John C. P. Goldberg
Publisher : Harvard University Press
ISBN 13 : 0674246527
Total Pages : 393 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Recognizing Wrongs by : John C. P. Goldberg

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.

Cases and Materials on Torts

Author : Richard A. Epstein
Publisher : Aspen Publishing
ISBN 13 :
Total Pages : 1214 pages
Book Rating : 4.8/5 (89 download)

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Book Synopsis Cases and Materials on Torts by : Richard A. Epstein

Download or read book Cases and Materials on Torts written by Richard A. Epstein and published by Aspen Publishing. This book was released on 2024-02-01 with total page 1214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concise yet comprehensive Cases and Materials on Torts gives 1Ls a solid foundation in the historical evolution of doctrine and social and economic theory to apply to contemporary issues facing courts. Cases and Materials on Torts preserves historical and conceptual continuity between the present and the past, while addressing the most significant contemporary controversy in fast-moving areas like public nuisance, global warming, products liability, and new litigation against internet providers. Towards our dual ends, the Thirteenth Edition retains the great older cases, both English and American, that have proved themselves time and again in the classroom, and which continue to exert great influence on the modern law. This book also provides a rich exploration of the dominant corrective justice and deterrence (or prevention of harm) approaches to tort law, as exemplified both in the retained and new cases and materials. New to the Thirteenth Edition: ● Developments at the cutting edge of public nuisance law, including the opioids crisis, global warming, and the sale of guns. ● Expanded consideration of the duties of online platforms, as illustrated by vicarious liability against Uber; products liability against Snapchat for defective algorithmic design and against Amazon for sale of defective goods; and novel claims of affirmative duties to rescue on Facebook and rideshare companies. ● Developments in drug litigation, including duties to report adverse events to regulators post-approval and “innovator liability” on brand-name manufacturers for failure to warn by generic manufacturers. ● Recent transformations in setting of compensatory damage awards, with the addition of draft materials of the Restatement (Third) of Torts: Remedies, including matters relating to race and gender. ● A more streamlined casebook appropriate for a comprehensive 1L Torts course. Professors and students will benefit from: ● Clear organizational framework of the book ● Important historical lines of cases that help understand legal reasoning and the evolution of precedent ● Inclusion of key academic commentary and elaboration of central intellectual disputes over the nature and function of the tort law ● Extensive notes with topic headlines that elaborate basic concepts through relevant cases, both old and new, that help shape the most complex contemporary issues facing courts ● Great attention given to cutting edge tort developments

Tort Liability of Public Authorities in European Laws

Author : Giacinto della Cananea
Publisher : Oxford University Press, USA
ISBN 13 : 0198867557
Total Pages : 401 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Tort Liability of Public Authorities in European Laws by : Giacinto della Cananea

Download or read book Tort Liability of Public Authorities in European Laws written by Giacinto della Cananea and published by Oxford University Press, USA. This book was released on 2021-01-15 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative law permeates all areas of law, and this series focuses on its role both regionally and globally. This volume considers tort liabilities in European public authorities. It looks at several European countries, using case studies to compare administrative laws across the EU.

The Duty to Act

Author : Marshall S. Shapo
Publisher :
ISBN 13 : 9780292780255
Total Pages : 203 pages
Book Rating : 4.7/5 (82 download)

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Book Synopsis The Duty to Act by : Marshall S. Shapo

Download or read book The Duty to Act written by Marshall S. Shapo and published by . This book was released on 1977-01-01 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Tort Liability of Public Authorities in Comparative Perspective

Author : Duncan Fairgrieve
Publisher : British Institute for International & Comparative Law
ISBN 13 :
Total Pages : 624 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Tort Liability of Public Authorities in Comparative Perspective by : Duncan Fairgrieve

Download or read book Tort Liability of Public Authorities in Comparative Perspective written by Duncan Fairgrieve and published by British Institute for International & Comparative Law. This book was released on 2002 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the law on compensation for administrative wrongdoing from a comparative law perspective. Particular account is taken of the increasing influence of human rights law, European Community law and international law.

Tort Law in France

Author : Jonas Knetsch
Publisher : Kluwer Law International B.V.
ISBN 13 : 940353575X
Total Pages : 310 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Tort Law in France by : Jonas Knetsch

Download or read book Tort Law in France written by Jonas Knetsch and published by Kluwer Law International B.V.. This book was released on 2021-08-20 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in France. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in France. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Private Law

Author : Kit Barker
Publisher : Cambridge University Press
ISBN 13 : 1107039118
Total Pages : 387 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Private Law by : Kit Barker

Download or read book Private Law written by Kit Barker and published by Cambridge University Press. This book was released on 2013-12-05 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of contemporary encounters between public law and private law from both theoretical and practical perspectives.

Private Law

Author : Kit Barker
Publisher : Cambridge University Press
ISBN 13 : 1107512727
Total Pages : 387 pages
Book Rating : 4.1/5 (75 download)

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Book Synopsis Private Law by : Kit Barker

Download or read book Private Law written by Kit Barker and published by Cambridge University Press. This book was released on 2013-12-05 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between private and public law has long been the focus of critical attention, but recent years have seen the growing influence upon private law of statutory intervention, public regulation, corporate globalisation and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law reasoning to operate in isolation from public institutions and goals. Commencing with three contrasting visions of the nature and importance of distinctions between public and private in the modern day, this book traces a number of encounters between private law and 'public' values in key areas of private law doctrine, such as charity law, commercial law, tort law and class actions, across several jurisdictions. It examines the influence within these fields of public concepts and goals, such as behavioural modification, accountability and anti-discrimination norms, as well as the (reverse) influence that private law has upon ('public') human rights jurisprudence.

Tort Law in Belgium

Author : Marc Kruithof
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403500646
Total Pages : 174 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Tort Law in Belgium by : Marc Kruithof

Download or read book Tort Law in Belgium written by Marc Kruithof and published by Kluwer Law International B.V.. This book was released on 2018-05-09 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Belgium. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers Belgium. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

The Law of Torts

Author : Philip H. Osborne
Publisher :
ISBN 13 :
Total Pages : 532 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis The Law of Torts by : Philip H. Osborne

Download or read book The Law of Torts written by Philip H. Osborne and published by . This book was released on 2011 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Torts by Philip Osborne is an indispensable resource for practitioners, judges, and students seeking a concise and accessible introduction to the principles of tort law in Canada, the social policies underlying the law, and current trends in judicial decision-making. The book reviews the foundations, characteristics, and objectives of tort law generally with specific discussion of the central concepts of negligence, intentional torts, strict liability and vicarious liability, nuisance, and defamation. It provides insightful analysis of the relationships between tort law and other branches of private law, including contract law and restitution, and public law, particularly the Charter of Rights and Freedoms. The fourth edition includes new sections dealing with negligent investigations, malicious prosecution and Crown prosecutors, responsible communication on a matter of public interest, reportage, and cyber-defamation. The Canadian law of torts is described as it was on 1 January 2011.

Fault Lines

Author : David M. Engel
Publisher : Stanford University Press
ISBN 13 : 0804771200
Total Pages : 550 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Fault Lines by : David M. Engel

Download or read book Fault Lines written by David M. Engel and published by Stanford University Press. This book was released on 2009-04-24 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort law, a fundamental building block of every legal system, features prominently in mass culture and political debates. As this pioneering anthology reveals, tort law is not simply a collection of legal rules and procedures, but a set of cultural responses to the broader problems of risk, injury, assignment of responsibility, compensation, valuation, and obligation. Examining tort law as a cultural phenomenon and a form of cultural practice, this work makes explicit comparisons of tort law across space and time, looking at the United States, Europe, and Asia in the nineteenth, twentieth, and twenty-first centuries. It draws on theories and methods from law, sociology, political science, and anthropology to offer a truly interdisciplinary, pathbreaking view. Ultimately, tort law, the authors show, nests within a larger web of relationships and shared discursive conventions that organize social life.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Torts!, third edition

Author : Jonathan L. Zittrain
Publisher : MIT Press
ISBN 13 : 0262370069
Total Pages : 594 pages
Book Rating : 4.2/5 (623 download)

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Book Synopsis Torts!, third edition by : Jonathan L. Zittrain

Download or read book Torts!, third edition written by Jonathan L. Zittrain and published by MIT Press. This book was released on 2022-03-15 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: A law school casebook that maps the progression of the law of torts through the language and example of public judicial decisions in a range of cases. A tort is a wrong that a court is prepared to recognize, usually in the form of ordering the transfer of money (“damages”) from the wrongdoer to the wronged. The tort system offers recourse for people aggrieved and harmed by the actions of others. By filing a lawsuit, private citizens can demand the attention of alleged wrongdoers to account for what they’ve done—and of a judge and jury to weigh the claims and set terms of compensation. This book, which can be used as a primary text for a first-year law school torts course, maps the progression of the law of torts through the language and example of public judicial decisions in a range of cases. Taken together, these cases show differing approaches to the problems of defining legal harm and applying those definitions to a messy world. The cases range from alleged assault and battery by “The Schoolboy Kicker” (1891) to the liability of General Motors for “The Crumpling Toe Plate” (1993). Each case is an artifact of its time; students can compare the judges’ societal perceptions and moral compasses to those of the current era. This book is part of the Open Casebook series from Harvard Law School Library and MIT Press.