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Economic Torts And Economic Wrongs
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Book Synopsis Economic Torts and Economic Wrongs by :
Download or read book Economic Torts and Economic Wrongs written by and published by . This book was released on 2021 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores contemporary issues in respect of causes of action which operate to protect a plaintiff's economic interests. It examines the question from across the spectrum of private law where its principles vindicate economic interests. Guided by this principle of coherence, chapters address contract, tort law and the law of equity and restitution. Focusing in the main on the common law principles, examples the question and its treatment in the United Kingdom, Australia, Canada, Singapore as well as other common law jurisdictions. Addressing both theoretical and doctrinal issues, this important book will appeal to both private law scholars and practitioners."--
Book Synopsis Restatement, Third, Economic Torts and Related Wrongs by :
Download or read book Restatement, Third, Economic Torts and Related Wrongs written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Restatement of the Law Third, Economic Torts and Related Wrongs by :
Download or read book Restatement of the Law Third, Economic Torts and Related Wrongs written by and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Economic Torts and Economic Wrongs by : John Eldridge
Download or read book Economic Torts and Economic Wrongs written by John Eldridge and published by Bloomsbury Publishing. This book was released on 2021-09-23 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores contemporary issues in respect of causes of action which operate to protect a plaintiff's economic interests. It examines the question from across the spectrum of private law. Focusing mainly on common law principles, it looks in particular at the treatment of such causes of action in the United Kingdom, Australia, Canada, Singapore as well as other common law jurisdictions. Addressing both theoretical and doctrinal issues, this important book will appeal to both private law scholars and practitioners.
Book Synopsis Economic Torts and Economic Wrongs by : John Eldridge
Download or read book Economic Torts and Economic Wrongs written by John Eldridge and published by Bloomsbury Publishing. This book was released on 2021-12-02 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores contemporary issues in respect of causes of action which operate to protect a plaintiff's economic interests. It examines the question from across the spectrum of private law. Focusing mainly on common law principles, it looks in particular at the treatment of such causes of action in the United Kingdom, Australia, Canada, Singapore as well as other common law jurisdictions. Addressing both theoretical and doctrinal issues, this important book will appeal to both private law scholars and practitioners.
Book Synopsis The Province and Politics of the Economic Torts by : John Murphy
Download or read book The Province and Politics of the Economic Torts written by John Murphy and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic torts play a key role in the development of private law more generally. Indeed, the landmark case of OBG v Allan (2008) provided one of the most important decisions in the whole of the law of torts in the last generation, as the House of Lords sought to bring order to an area of the law that has long been beset by doctrinal and theoretical puzzles. Probably the most enduring question of all in this area is whether the economic torts can be unified. This book argues that the search for unity is a will o' the wisp. More particularly, it shows that although some juridical connections exist between some of these torts, there is far more that separates them than unites them. Offering a unique perspective, this is a landmark publication on the law of economic torts.
Book Synopsis The Economic Loss Rule and Private Ordering by : Jay M. Feinman
Download or read book The Economic Loss Rule and Private Ordering written by Jay M. Feinman and published by . This book was released on 2007 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: My objective in this Article is to provide some perspective on the economic loss rule, the proper statement of which has figured prominently in debates about the proposed Restatement (Third) of Torts: Economic Torts and Related Wrongs. Part I describes the varieties of the economic loss rule and the Article's focus on the rule's application to third-party cases. Part II summarizes the history of liability for third-party economic loss. Part III describes the conceptual underpinnings of the rule, its application in third-party cases, and its treatment in the proposed Restatement. Part IV criticizes the private ordering claim underlying the rule, particularly in light of recent changes in contract law. Part V situates the debates about the rule in the unmaking of neoclassical law and contemporary political changes. Part VI concludes with a warning about the historical significance of the adoption of elements of the rule in the Restatement.This Article is based on a paper presented at the Dan B. Dobbs Conference on Economic Tort Law at the University of Arizona James E. Rogers College of Law, March 3-4, 2006.
Book Synopsis The Economic Structure of Tort Law by : William M. Landes
Download or read book The Economic Structure of Tort Law written by William M. Landes and published by Harvard University Press. This book was released on 1987 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a lawyer and an economist, this is the first full-length economic study of tort law--the body of law that governs liability for accidents and for intentional wrongs such as battery and defamation. Landes and Posner propose that tort law is best understood as a system for achieving an efficient allocation of resources to safety--that, on the whole, rules and doctrines of tort law encourage the optimal investment in safety by potential injurers and potential victims. The book contains both a comprehensive description of the major doctrines of tort law and a series of formal economic models used to explore the economic properties of these doctrines. All the formal models are translated into simple commonsense terms so that the "math less" reader can follow the text without difficulty; legal jargon is also avoided, for the sake of economists and other readers not trained in the law. Although the primary focus is on explaining existing doctrines rather than on exploring their implementation by juries, insurance adjusters, and other "real world" actors, the book has obvious pertinence to the ongoing controversies over damage awards, insurance rates and availability, and reform of tort law-in fact it is an essential prerequisite to sound reform. Among other timely topics, the authors discuss punitive damage awards in products liability cases, the evolution of products liability law, and the problem of liability for "mass disaster" torts, such as might be produced by a nuclear accident. More generally, this book is an important contribution to the "law and economics" movement, the most exciting and controversial development in modern legal education and scholarship, and will become an obligatory reference for all who are concerned with the study of tort law.
Book Synopsis Risks and Wrongs by : Jules L. Coleman
Download or read book Risks and Wrongs written by Jules L. Coleman and published by CUP Archive. This book was released on 1992-11-27 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jules Coleman discusses the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety.
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.
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
Book Synopsis Business Torts by : Morton F. Daller
Download or read book Business Torts written by Morton F. Daller and published by Wolters Kluwer. This book was released on 2012-12-20 with total page 1044 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a great wealth of diversity in the business tort laws of allfifty states and the District of Columbia. In addition to the very significantdifferences in the statutes of limitation, other significant differencesinclude:Some states have not recognized a cause of action for negligent interferencewith an economic advantage.Negligent misrepresentation in one state is limited to claims against personsin the business of supplying information to others.One state recognizes a cause of action for "strict responsibilitymisrepresentation."Another state recognizes claims of "prima facie tort" for wrongs that do notfit into traditional tort categories.And these are only a few examples of the more significant differences.The new 2013 Edition of Business Torts: A Fifty-State Guidehelps you quickly assess the merits and pitfalls of litigation in any givenjurisdiction allowing you to make the best decisions for your clients.
Book Synopsis Research Handbook on the Economics of Torts by : Jennifer Arlen
Download or read book Research Handbook on the Economics of Torts written by Jennifer Arlen and published by Edward Elgar Publishing. This book was released on 2013-11-29 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral anal
Book Synopsis Torts and Other Wrongs by : John Gardner
Download or read book Torts and Other Wrongs written by John Gardner and published by Oxford University Press. This book was released on 2019-12-18 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Torts and other Wrongs is a collection of eleven of the author's essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification
Book Synopsis An Analysis of the Economic Torts by : Hazel Carty
Download or read book An Analysis of the Economic Torts written by Hazel Carty and published by . This book was released on 2010 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The economic torts for too long have been under-theorized and under-explored by academics and the judiciary alike. In recent years claimants have exploited the resulting chaos by attempting to use the economic torts in ever more exotic ways. This second edition, as before, attempts to provide practical legal research to both explore the ingredients of all these torts - both the general economic torts (inducing breach of contract, the unlawful means tort, intimidation, the conspiracy torts) and the misrepresentation economic torts (deceit, malicious falsehood and passing off) - and their rationales. And, as before, an optimum framework for these torts is suggested. However that framework has to take on board the apparent tension within the House of Lords as revealed in the recent decisions in OBG v Allan and Total Network v Revenue. Over 100 years ago the House of Lords in the seminal decision of Allen v Flood in theory set the agenda for the modern development of the economic torts. The majority in that case adopted an abstentionist approach to liability for intentionally inflicted economic harm, so that even where intentional and unjustified economic harm was inflicted, liability would not necessarily follow. However, this clear framework for the torts was obscured by subsequent case law, leaving the economic torts in a hopeless muddle by the start of the twenty-first century. A chance to finally sort out this mess was presented to the House of Lords in 2007 in the shape of three conjoined appeals, reported under the name OBG v Allan. The thrust of the judgments was that a framework for the economic torts was to be established and dicta and decisions that caused problems and incoherence were to be named and shamed. Re-affirming the abstentionist philosophy of Allen v Flood Lord Hoffmann and Nicholls and Baroness Hale in part relied upon the first edition of An Analysis of the Economic Torts, Lord Hoffmann noting "... if what I have said does anything to clarify what has been described as an extremely obscure branch of the law, much is owing to Hazel Carty's book An Analysis of the Economic Torts ". However, within 10 months of the OBG decision, a differently constituted HL in Total Network SL v Revenue and Customs Commissioners undermined this nascent coherence and did so by focusing on the conspiracy torts (previously dismissed by some commentators as anomalous or superfluous). Distinguishing OBG (which did not as such analyse the conspiracy torts) the House of Lords in Total Network may have shifted the general economic torts from the abstentionist to the interventionist track of development. Thus it is suggested that conflicting agendas for general economic liability can be discerned in the OBG and Total Network judgments. These agendas are debated (against the background of the growing academic debate) and a coherent approach suggested. As for the misrepresentation torts their potential for development is also discussed and the peril of allowing them to transform into unfair trading or misappropriation torts is explained. As a result, the second edition involves a substantial re-write of the first edition. However, the thesis of the author remains that a coherent framework for these torts can best be constructed based on a narrow remit for the common law.
Book Synopsis Corrective Justice by : Ernest J. Weinrib
Download or read book Corrective Justice written by Ernest J. Weinrib and published by OUP Oxford. This book was released on 2012-09-20 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it is essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.
Download or read book Law of Torts written by Rosalie P. Balkin and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law of Torts provides scholarly descriptions and analysis of the law pertaining to tort, with comprehensive coverage of all common law and statutory torts across all jurisdictions. The work covers the civil wrongs protecting intentional injury to person and property; the tort of negligence, with respect both to personal and property damage and for the recovery of purely economic loss; those torts, such as nuisance, in which either intention nor negligence is necessarily relevant; defamation; and the economic torts which protect the intentional infringement of another's trade or business.