Search Results for "principles-of-tort-law"

Principles of Tort Law

Principles of Tort Law

  • Author: Rachael Mulheron
  • Publisher: Cambridge University Press
  • ISBN: 1316594823
  • Category: Law
  • Page: N.A
  • View: 1209
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Presenting the law of tort as a body of principles, this authoritative textbook leads students to an incisive and clear understanding of the subject. Each tort is carefully structured and examined within a consistent analytical framework that guides students through its preconditions, elements, defences and remedies. Clear summaries and comparisons accompany the detailed exposition, and further support is provided by numerous diagrams and tables, which clarify complex aspects of the law. Critical discussion of legal judgments encourages students to develop strong analytical and case-reading skills, whilst key reform proposals and leading cases from other jurisdictions illustrate different potential solutions to conundrums in tort law. A rich companion website, featuring ten additional chapters and sections on more advanced areas of tort law, completes the learning package. Written specifically for students, the text is also ideal for practitioners, litigants, policymakers and law reformers seeking a comprehensive and accurate understanding of the law.

The Theory and Principles of Tort Law

The Theory and Principles of Tort Law

  • Author: Thomas A. Street
  • Publisher: Beard Books
  • ISBN: 9781893122178
  • Category: Law
  • Page: 500
  • View: 8359
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Principles of Tort Law

Principles of Tort Law

  • Author: Marshall S. Shapo
  • Publisher: West Academic
  • ISBN: 9780314195388
  • Category: Law
  • Page: 595
  • View: 732
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The third edition provides new material on purposes of tort law, battery, sexual harassment, terminology and policies of negligence, health care malpractice issues, assumption of risk, strict liability, proof and causation, duty and proximate cause, duty to act, media torts, damages. Coverage also includes case summaries of newsworthy issues of headline interest throughout the text. A new chapter on fraud and heart balm torts has been added as well.

Principles of European Tort Law

Principles of European Tort Law

Text and Commentary

  • Author: European Group on Tort Law
  • Publisher: Springer
  • ISBN: 321123084X
  • Category: Law
  • Page: 282
  • View: 4780
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The European Group on Tort Law presents the results of its extensive research project, the Principles of European Tort Law. They were drafted on the basis of several comparative studies on the most fundamental questions of tortious liability and the law of damages. The Principles are not a mere restatement of the common core of tort law in Europe, but rather a proposal for a comprehensive system of tortious liability for the future, though necessarily linked to existing regimes. They are meant to stimulate discussion both among academics and practitioners and could serve as guidelines for national legislatures, thereby fostering gradual harmonization. The text of the Principles, which is offered in English and several other languages, is accompanied by commentaries on the various parts elaborating their intended meaning and interplay.

Principles of Tort Law

Principles of Tort Law

  • Author: Vivienne Harpwood
  • Publisher: Routledge
  • ISBN: 1859414672
  • Category: Law
  • Page: 521
  • View: 3232
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The Principles of Law aims to provide the law student with texts on the major areas within the law syllabus. Each text is designed to identify and expound upon the content of the syllabus in a logical order, citing the main and up-to-date authorities. This work covers law of tort.

Australian Principles of Tort Law

Australian Principles of Tort Law

  • Author: Pam Stewart,Anita Stuhmcke
  • Publisher: N.A
  • ISBN: 9781760021382
  • Category: Torts
  • Page: 722
  • View: 5581
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Now in its fourth edition, Australian Principles of Tort Law continues to provide currency, depth of analysis and clear instruction as to how to approach this challenging area of law. This edition provides clear explanation about the operation of civil liability legislation across Australian jurisdictions. It incorporates the latest materials and includes observations as to the scope and content of the growing body of legal interpretation of the civil liability legislation across all jurisdictions, as courts throughout Australia interpret and apply the legislative provisions.Stewart and Stuhmcke succeed in clarifying a conceptually difficult area of law across all Australian jurisdictions. They discuss an excellent range of cases (geographical and hierarchical), explain the relevance and applicability of the civil liability legislation, and detail the impact and importance of the relationship between the legislation and the common law of tort.

Unification of Tort Law

Unification of Tort Law

Liability for Damage Caused by Others

  • Author: Francesco Donato Busnelli
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041121854
  • Category: Law
  • Page: 335
  • View: 8802
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Covers various European countries, Israel, South Africa, and the United States.

Modern Tort Law 7/e

Modern Tort Law 7/e

  • Author: V.H. Harpwood
  • Publisher: Routledge
  • ISBN: 1135253005
  • Category: Law
  • Page: 576
  • View: 581
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Modern Tort Law is a comprehensive, accessible and up-to-date introduction to the law of torts. Now in its seventh edition, Vivienne Harpwood’s popular, student-friendly text explains the principles of all aspects of tort law in a lively and thought-provoking manner. The broad coverage of modern tort law makes this an ideal textbook for any undergraduate tort law course. Students are encouraged to understand and apply the principles of tort law effectively throughout and particular attention is paid to the context within which the law is evolving, making these topics both accessible and enjoyable. This seventh edition has been revised and updated to take into account developments since publication of the previous edition including in the areas of privacy, negligence, personal injury and defamation. Human Rights issues are integrated throughout the text rather than treating the topic in isolation, in line with the way the subject is commonly taught. Now more accessible and student-friendly, it includes: advice on further reading at the end of each chapter which is intended to point students towards sources of further study and critical debate new chapter introductions, rewritten to reflect learning outcomes. Modern Tort Law is now supported by a Companion Website which offers lecturer resources available to adopters of the book, including ‘think points’ designed to encourage reflection and debate and PowerPoints of diagrams and flowcharts contained within the text. A dedicated student section also offers weblinks, a guide to key Tort law cases, a flashcard glossary and a test bank of multiple choice questions.

Common Principles of Tort Law

Common Principles of Tort Law

A Pre-statement of Law

  • Author: Gert Brüggemeier
  • Publisher: British Inst of International & Comparative
  • ISBN: 9780903067829
  • Category: Law
  • Page: 294
  • View: 554
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Article 288 (2) EC, on liability of the European Community and its organs, refers to the common principles of tort law in the Member States. There are at least two good reasons for looking into these general principles: in nearly all developed Western legal orders, tort law is determined through judge-made law, which now requires a comparative orientation by means of principles and systemized casuistry; and the various attempts to "Europeanize" private law - from mere restatements to a comprehensive European Civil Code - are all grounded in these common principles of contract law, tort law, property law and so on. This book's somewhat unconventional contribution takes its cue not so much from the politically defined "EC Europeanization", but rather from the transnationality of law. By comparing tort law in the EC member state, Germany, and the non-EC member, the US (two of the most developed western industrial nations), this publication endeavors to develop principles which serve as a basis for generalization. These principles claim validity for the civil-law and common-law legal orders of Western civilizations, which includes the EC with its respective Member States. This title is aimed at a learned European audience interested in legal harmonization, but also addresses comparatists in the civil-law and common-law legal world and mixed jurisdictions outside of Europe. Its main focus is to contribute to the further development of tort law. The idea of a tort law system based on general principles and specific rules grows out of the continental natural-law tradition of civil law, but increasingly principle-oriented works are also found in common law. This book develops a common level of international work on structures and concepts of modern tort law.

The Borderlines of Tort Law

The Borderlines of Tort Law

Interactions with Contract Law

  • Author: Miquel Martin-Casals
  • Publisher: N.A
  • ISBN: 9781780682488
  • Category:
  • Page: 500
  • View: 6924
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All European legal systems recognize a boundary between the domains of tort and contract. While there have been voices contending that this distinction is no longer valid, or at least that there should be a unification of the two sets of rules in particular contexts, others claim that there is still a very important distinction to be maintained. In fact, the boundary between the two areas is often blurred and whether it is drawn in one place or another varies from country to country, giving rise to the paradox that what is considered a matter of contractual liability in one legal system is governed exclusively by tort law in another. This volume explores how differences between tort and contract affect the foundations of liability, the nature and amount of the compensation, the extent of liability, and whether defenses and limitation periods corresponding to the distinct causes of action give rise to substantially different outcomes. The book also analyzes to what extent actions in tort and in contract exclude each other, and, when this is the case, how their concurrence is organized. Lastly, it devotes attention to specific situations, such as pre-contractual liability and the liability of professionals. (Series: Principles of European Tort Law - Vol. 2) [Subject: European Law, Tort Law, Contract Law]

Tort Law and the Legislature

Tort Law and the Legislature

Common Law, Statute and the Dynamics of Legal Change

  • Author: T T Arvind,Jenny Steele
  • Publisher: Bloomsbury Publishing
  • ISBN: 1782250557
  • Category: Law
  • Page: 546
  • View: 820
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The study of the law of tort is generally preoccupied by case law, while the fundamental impact of legislation is often overlooked. At a jurisprudential level there is an unspoken view that legislation is generally piecemeal and at best self-contained and specific; at worst dependent on the whim of political views at a particular time. With a different starting point, this volume seeks to test such notions, illustrating, among other things, the widespread and lasting influence of legislation on the shape and principles of the law of tort; the variety of forms of legislation and the complex nature of political and policy concerns that may lie behind their enactment; the sometimes unexpected consequences of statutory reform; and the integration not only of statutory rules but also of legislative policy into the operation of tort law today. The apparently sharp distinction between judicially created private law principles, and democratically enacted legislative rules and policies, is therefore questioned, and it is argued that to describe the principles of the law of tort without referring to statute is potentially highly misleading. This book shows that legislation is important not only because of the way it varies or replaces case law, but because it also deeply influences the intrinsic character of that law, providing some of its most familiar characteristics. The book provides the first extended interpretation of legislative intervention in the law of tort. Each of the chapters, by leading tort scholars, deals with an aspect of the influence of legislation on the law of tort. While the nature, sources and extent of legislative influence in personal injury law is an essential feature of the collection, other significant areas of tort law are explored, including tort in the context of commercial law, labour law, regulation and the welfare state. Essays on the Compensation Act 2006 and Human Rights Act 1998 bring the current state of the interplay between tort, politics and legislation to the forefront. In all of these contexts, contributors explore the deeper lessons that can be learned about the nature of the law of tort and its changing role and functions over time. Cited with approval in the Singapore Court of Appeal by VK Rajah JA in See Toh Siew Kee vs Ho Ah Lam Ferrocement (Pte) Ltd and others, [2013] SGCA 29

Tort Law Principles

Tort Law Principles

  • Author: Bernadette Richards,Melissa De Zwart,Karinne Ludlow
  • Publisher: N.A
  • ISBN: 9780455230429
  • Category: Liability (Law)
  • Page: 736
  • View: 2161
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Provides a concise overview of the key concepts and principles of this area of law. Significant commentary together with supporting cases, problem and tutorial questions, flow charts and tables, all assist the student to further their understanding and assess their knowledge.

Tort Law

Tort Law

Principles in Practice

  • Author: James Underwood
  • Publisher: Wolters Kluwer Law & Business
  • ISBN: 1454898461
  • Category: Law
  • Page: 996
  • View: 2094
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Tort Law: Principles in Practice is an approachable and engaging casebook, with a variety of pedagogical features and tools to examine tort law doctrine and rules and their application in practice. Introductory text for each chapter, subsection, and cases frame the issues under discussion, aiding student comprehension. Key Features: Text boxes and photographs, sample pattern jury instructions, checklists, and end-of-chapter essay questions. Chapter Goals are listed at the beginning of each chapter to highlight the key areas of coverage and provide a checklist for students when reviewing material. New key cases (e.g., new cases dealing with “but-for” causation and cutting edge coverage of the seat-belt defense showing a recent trend toward acceptance of this defense). Expanded short practice problems after most cases.

Unification of Tort Law

Unification of Tort Law

Causation

  • Author: Jaap Spier,Francesco Donato Busnelli
  • Publisher: N.A
  • ISBN: 9789041113252
  • Category: Law
  • Page: 161
  • View: 9957
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The foundation of tort law in various Europen legal systems differ considerably. Untill now, there has not been an attempt to harmonize the entire field of tort law in a consistent manner. Therefore, a group of tort lawyers, the `European Group on Tort Law', proposes to address the fundamental questions underlying every tort law system. They aim at identifying these principles, thus searching for a common law of Europe, without the necessity yet to lay these principles down in formal legal texts, such as a European civil code. Discussing the most relevant factors in establishing liability as wrongfulness, causation, damage, fault and the area of strict liability the group is concentrating on the topic `causation' in this book trying to combine theoretical abstract analysis with the discussion of concrete cases. Firstly, the authors give an overview of causation under their national legal systems, especially by working out its concept and its importance in establishing liability. Secondly, concrete cases are solved. The following comparative conclusions aim at the co-ordination of the results and the supplementation of other important factors. In summary, the book tries to make clear which is the common ground of causation that underlies all the legal systems concerned with respect to the law of tort as well as to teach the academic and practitioner the fundamental questions of causation underlying the law of tort in a particular country.

The Psychology of Tort Law

The Psychology of Tort Law

  • Author: Jennifer K. Robbennolt,Valerie P. Hans
  • Publisher: NYU Press
  • ISBN: 0814724949
  • Category: Law
  • Page: 320
  • View: 376
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Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.

The Law of Torts in New Zealand

The Law of Torts in New Zealand

  • Author: Stephen Todd,John Hughes (LL.M.)
  • Publisher: Thomson Brookers
  • ISBN: 9780864726650
  • Category: Torts
  • Page: 1327
  • View: 4299
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A recent stream of new decisions and major developments in, inter alia, various aspects of negligence, economic torts, breach of confidence and the protection of privacy, defamation, Bill of rights litigation and the award of damages, makes the publication of this new edition timely. A valuable reference and research tool for the judiciary, legal practitioners, academics and law students, it gives detailed treatment of the law incorporating all recent developments in New Zealand and the wider common law world. Law of Torts in New Zealand takes a wide and all-embracing approach to the law of torts. The policies underlying the law are given close attention and throughout the book relevant rules and principles are assessed in the light of their objectives and their consequences. Jurisdiction: New Zealand

European Product Liability

European Product Liability

An Analysis of the State of the Art in the Era of New Technologies

  • Author: Piotr Machnikowski
  • Publisher: N.A
  • ISBN: 9781780683980
  • Category: Products liability
  • Page: 705
  • View: 3397
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Thirty years after the entry into force of the Directive on liability for defective products (Council Directive 85/374/EEC), and in the light of the threat to user safety posed by consumer goods that make use of new technologies, it is essential to assess and determine whether the Directive remains an adequate legal response to the phenomenon of products brought to market that fail to ensure appropriate levels of safety for their users. European Product Liability is the result of an extensive international research project funded by the Polish National Science Centre. It brings together experienced scholars associated with the European Group on Tort Law (EGTL) and the European Research Group on Existing EC Private Law (Acquis Group). Individual country reports analyse the implementation of the Directive in the domestic law of several EU and EEA Member States (namely Austria, Czech Republic, Denmark, England, France, Germany, Italy, Netherlands, Norway, Poland, Spain, and Switzerland) and the relationship of the implemented rules with the already existing rules of tort law. The country reports show that the practical significance of product liability differs widely in the various Member States. Also taking into account non-EU countries (Canada, Israel, South Africa and the USA), this book examines whether EU law will ensure sufficient safety for individuals using goods that have been produced using new technologies that are currently under development, such as major advances in mechatronics, nanotechnology, regenerative medicine and contour crafting. Together with an economic analysis of product liability it makes the book valuable for academics, practitioners, policy makers and all those interested in the subject.

Law of Torts in the South Pacific

Law of Torts in the South Pacific

  • Author: Stephen Offei
  • Publisher: Vandeplas Pub
  • ISBN: 9781600420085
  • Category: Law
  • Page: 582
  • View: 1722
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This book provides an introduction to the law of torts in the South Pacific regional countries.

Philosophical Foundations of Tort Law

Philosophical Foundations of Tort Law

  • Author: David G. Owen
  • Publisher: Oxford University Press on Demand
  • ISBN: 019825847X
  • Category: Law
  • Page: 510
  • View: 2526
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This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives from Aristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel. A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.

The Law of Torts - A Treatise on the Principles of Obligations Arising from Civil Wrongs in the Common Law

The Law of Torts - A Treatise on the Principles of Obligations Arising from Civil Wrongs in the Common Law

  • Author: Frederick Pollock
  • Publisher: Hervey Press
  • ISBN: 1444645773
  • Category: Law
  • Page: 704
  • View: 857
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ... (6) Columns for Discount on Purchases and Discount on Notes on the same side of the Cash Book; (c) Columns for Discount on Sales and Cash Sales on the debit side of the Cash Book; (d) Departmental columns in the Sales Book and in the Purchase Book. Controlling Accounts.--The addition of special columns in books of original entry makes possible the keeping of Controlling Accounts. The most common examples of such accounts are Accounts Receivable account and Accounts Payable account. These summary accounts, respectively, displace individual customers' and creditors' accounts in the Ledger. The customers' accounts are then segregated in another book called the Sales Ledger or Customers' Ledger, while the creditors' accounts are kept in the Purchase or Creditors' Ledger. The original Ledger, now much reduced in size, is called the General Ledger. The Trial Balance now refers to the accounts in the General Ledger. It is evident that the task of taking a Trial Balance is greatly simplified because so many fewer accounts are involved. A Schedule of Accounts Receivable is then prepared, consisting of the balances found in the Sales Ledger, and its total must agree with the balance of the Accounts Receivable account shown in the Trial Balance. A similar Schedule of Accounts Payable, made up of all the balances in the Purchase Ledger, is prepared, and it must agree with the balance of the Accounts Payable account of the General Ledger." The Balance Sheet.--In the more elementary part of the text, the student learned how to prepare a Statement of Assets and Liabilities for the purpose of disclosing the net capital of an enterprise. In the present chapter he was shown how to prepare a similar statement, the Balance Sheet. For all practical...