Tort law challenging orthodoxy edited by Stephen G.A. Pitel, Jason W. Neyers and Erika Chamberlain.

Format:

Book

Contributor:

Pitel, Stephen G. A., editor of compilation.

Neyers, Jason W., editor of compilation.

Chamberlain, Erika, editor of compilation.

Language:

English

Subjects (All):

Torts.

Physical Description:

1 online resource (517 p.)

Edition:

First edition.

Place of Publication:

Oxford, United Kingdom Hart Publishing 2013.

Language Note:

English

Summary:

In this book leading scholars from the United Kingdom, the United States and Australia challenge established common law rules and suggest new approaches to both old and emerging problems in tort law. Some of the chapters consider broad issues such as the importance of flexibility over certainty in tort law, connections between tort law and human flourishing and the indirect effects of changes in tort law. Other chapters engage more specific topics including the role of vindication in tort law, the relationship between criminal law and tort law, the use of epidemiological evidence in analysing causation, accessory liability in tort law, the role of malice in intentional torts and the role of statutes in tort law. They propose new approaches to contributory negligence, emotional distress, loss of a chance, damages for nuisance, the tort of conspiracy and vicarious liability. The chapters in this book were originally presented at the Sixth Biennial Conference on the Law of Obligations at Western University in London, Ontario in July 2012. They will be highly useful to lawyers, judges and scholars across the common law world

Contents:

1. Against Certainty in Tort Law

Ken Oliphant

2. Tort Law and Human Flourishing

Nicholas J McBride

3. Private and Public: The Mixed Concept of Vindication in Torts and Private Law

Kit Barker

4. 'We Do This in the Criminal Law and That in the Law of Tort': A New Fusion Debate

Graham Virgo

5. Challenging the Orthodoxy of Crime's Precedence over Tort: Suspending a Tort Claim Where a Crime May Exist

Matthew Dyson

6. Legislative Challenges to Orthodoxy

James Lee

7. Statutes and Civil Liability in the Commonwealth and the United States: A Comparative Critique

Neil Foster

8. The 'Doubles the Risk' Test for Causation and Other Related Judicial Misconceptions about Epidemiology

Claire McIvor

9. Rationalising Loss of a Chance in Tort

Sandy Steel

10. When is Emotional Distress Harm?

Gregory C Keating

11. Rethinking Contributory Negligence

James Goudkamp

12. Nuisance Law and Damages in Lieu of an Injunction: Challenging the Orthodoxy of the Shelfer Criteria

Mark L Wilde

13. The Tort of Conspiracy as a Can of Worms

Hazel Carty

14. Aid, Abet, Counsel or Procure?

Paul S Davies

15. 'That Unhappy Expression': Malice at the Margins

Elspeth Reid

16. Dissociating the Two Forms of So-Called 'Vicarious Liability'

Christine Beuermann

Notes:

Includes index.

Includes bibliographical references and index

ISBN:

9781472561527

147256152X

9781782252504

1782252509

9781782252498

1782252495

OCLC:

864900333