Negligence and illegality / Sharon Erbacher.

Format:

Book

Author/Creator:

Erbacher, Sharon, author.

Series:

Hart studies in private law ; Volume 20.

Hart studies in private law ; v. 20

Language:

English

Subjects (All):

Illegality.

Liability (Law).

Restorative justice.

Torts--English-speaking countries.

Torts.

Physical Description:

1 online resource (261 pages)

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, an imprint of Bloomsbury Publishing Plc, 2017.

Summary:

This book examines claims in negligence arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory case law. The book analyses the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. The book argues that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. It develops the work of Ernest Weinribian corrective justice theorists to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application

Contents:

Introduction

Theoretical perspectives

The tort-crime interface

Policy and discretion

The connection tests

Overview of the coherence rationale

Statutory purpose

No loss damage : sanction-shifting and related claims

No loss or damage : illegal profits and earnings

A relational explanation : joint illegal enterprise cases

Conclusion.

Notes:

Based on author's thesis (doctoral - Deakin University, Australia, 2015) issued under title: Negligence and the wrongdoing plaintiff : a corrective justice analysis.

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509906697

150990669X

9781509906680

1509906681

9781509906673

1509906673

OCLC:

956947856