The eighth edition of Law of Delict is a comprehensive revision and update of Neethling-Potgieter-Visser Law of Delict (7th edition, 2015) in light of new legal authority and literature which naturally necessitated an adaptation of legal principles and theoretical points of view.

In particular, special attention was given to the continuing debate on delictual principles that has taken place in academic and judicial circles since the appearance of the previous edition, especially on the relationship between wrongfulness, negligence and legal causation.

The Law of Delict in South Africa, third edition, offers an introduction to the general principles of delictual law. Comprehensive in scope, while clear and concise, the text provides a rich contextual framework which supports understanding and application of the principles.

Features:

• The text offers a progressive discussion of the law of delict, analysing the extent to which the common law of delict reflects the diverse, multicultural values of South African society, and proposing a framework for continuing, inclusive development of the common law. In addition, the third edition offers a deeper critical discussion of the relationship between common law principles and the Constitution of the Republic of South Africa.
• The third edition draws critical connections between established principles of delictual law and the rapidly-developing technological context. Discussions, which relate and apply principles to the context of modern technologies, are integrated throughout the text.

Law of Damages Through the Cases is a compilation of authoritative judgments and legislative provisions illustrating the basic principles of the law of damages. It is intended to provide students and practitioners with easy access to important authorities in the field of damages.

The extracts from selected judgments have been arranged systematically and provided with summaries, marginal notes and cross-references. Since this casebook is intended to complement Law of Damages, the notes contain cross-references to the discussion and evaluation of the relevant principles in the latter work. There are also references to other academic comment as well as to case law.

Key Features:

• A working companion to Law of Damages, by the same authors
• Easy access to important authorities in the field of damages

This accessible textbook provides an introductory guide to tort law, with a structured explanation of the key concepts and doctrines. Using a comparative approach, the discussion is illustrated with case law and provisions from three key jurisdictions: England, France and Germany. With liberal reference to other codes and cases from around the world, the book gives readers a contextual understanding and will appeal to classes with a global outlook. Key Features: Examples of different solutions show how tort law is implemented in a variety of jurisdictions Direct comparison of legal systems helps readers to match different kinds of property or damage in civil and common law systems Translated provisions from codes and statutes facilitate access to the systems of French and German law in particular Clarification of corresponding concepts and terminology, as well as guidelines and examples to help readers find their way in a legal environment that is not restricted to a single jurisdiction Introductory guidance to tort law systems outside Europe Providing readers with a working knowledge of major tort law systems as well as a greater understanding of the main concepts in tort law, this textbook will be an important resource for both undergraduate and postgraduate students.

Anton Fagan has taught the South African law of delict for twenty years and has written extensively on the subject. Undoing Delict: The South African Law of Delict under the Constitution includes his ten best previously published articles and essays. They deal with a range of topics, such as wrongfulness, causation, pure economic loss, and defamation. Several of the contributions investigate the impact of the Constitution, or of certain Constitutional Court judgments, on the law of delict or a part thereof. In addition, Undoing Delict includes a previously unpublished essay in which Fagan develops a new explanation of what it means for intentional harm-causing conduct to be wrongful. Many of the views put forward in this book are controversial and their defence against contrary views is at times robust. But the aim throughout is to deepen or advance our understanding of important and interesting, and in some instances puzzling, aspects of the South African law of delict.

This study examines the ways in which the law of tort provides protection against injury to financial assets such as money, property, and contracts. In the past twenty-five years or so there has been much debate and litigation concerned with the extent to which the law of tort should be involved in compensating for economic loss caused by negligent conduct. Many believe that the primary role of tort law is to provide a system of compensation for death and personal injury and that it has, at most, only a marginal part to play in protecting economic interests. This book is an attempt to examine the whole of tort law in terms of the protection of financial assets and of people's interest in creating and preserving wealth. It discusses the concepts and principles which tort law utilizes to this end, and the relationship between tort law and other legal techniques of providing such protection. It focuses primarily on the kinds of financial interests the law of tort protects and on the sort of protection it provides. This approach allows a fresh examination of functions of tort law and of the justifications, both social and doctrinal, for the imposition of tort liability so far as it is concerned with the protection of wealth.

The motivation for this particular law of obligations is the notion that the core assumptions of the dogmatic structure of each field, and of the law of obligations as a whole, can be expected to begin to show their imperfections more clearly the further one moves from the centre, and that this kind of examination affords an opportunity to reassess both the current premises in each field as well as the overall structure of obligations.

This revised second edition of Comparative Tort Law offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it examines common issues such as causation, economic and non-economic damages, product and professional liability, and the relationship between tort law and crime, insurance and public welfare schemes. Featuring contributions from international experts, this book also provides a comprehensive comparative assessment of tort law cultures, contextualising them within the legal systems and societies that sustain them. Chapters cover many jurisdictions often overlooked in the mainstream literature, and explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia. Comparative Tort Law is a critical tool for students, scholars and academic researchers, especially those specialising in tort and comparative law. It will also be useful to policymakers, practitioners and judges, in particular those dealing with differing tort law systems.

Delving deep into the emerging international and federal statutory and legislative developments surrounding Autonomous Vehicle (AV) technologies, Atilla Kasap assesses whether current motor vehicle regulations, liability law and the liability insurance system are fit for purpose today and in the future. Making a significant and novel contribution to the field, this cutting-edge book comprehensively surveys the promises offered by AVs, including radically reduced road incidents, and economic, environmental and societal benefits, alongside the significant regulatory and liability problems the technology faces. Kasap finds that, as AVs are one of the most significant and profound technological advances of the 21st century, relying on machine learning and pattern recognition systems to function, the current liability regime surrounding them requires a rethinking. Critically analysing the tort liability of AVs, chapters deconstruct and reconstruct a tort law regime for AVs, ultimately solving how policymakers should approach the challenges faced in regulating and enacting AV legislation. Interdisciplinary in approach, it will prove invaluable to students and scholars of computer science and law, particularly those studying AI and robotics law, and those interested in the regulation and governance of AV technology. It also offers vital tools for policymakers seeking concrete principles on which to define potential laws and regulations for AV technology.

This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law. Offering a critical understanding of the legal regulation of institutions in national legal systems, the book identifies distinct concepts of the law of obligations that emerge from them and explains their underlying motives. The author provides valuable insights into how differently basic legal institutions are regulated across national borders, as well as unveiling the roots of legal institutions of the utmost significance in international trade such as contracts, pre-contractual liability, liability for torts and restitution of unjust enrichment. This book will be a helpful resource for academics and practitioners involved in international litigation and arbitration proceedings concerning contracts, torts and other sources of obligations.

The law of passing off protects traders from a form of misrepresentation that harms their goodwill, and consumers from the market distortion that may result. This carefully-crafted work seeks to delineate two intertwined aspects of goodwill: substantive and structural goodwill. It argues that the law of passing off should focus on protecting structural goodwill, and that this in turn allows traders' authentic voices to help shape the substantive goodwill to attract custom for them in the marketplace. The author clarifies the concept of 'goodwill', and examines this concept in the context of the common law jurisdictions of Australia, Canada, England and Wales as well as of relevant case law under 43(a)(1)(A) of the US Lanham Act. The book analyses the application of the law of passing off within the multi-directional social exchanges that traders, consumers and commentators engage in, as well as challenges the current consumer search costs theory that underpins the law of passing off and trademark laws. Providing a fresh look at this ever-changing aspect of law, this book will be key reading for legal scholars and students for its examination of inconsistencies in current law. Legal practitioners will also find this an invaluable resource as it considers the diverse application of the law.

This is a practical and comprehensive guide to making a claim under the government's tariff based scheme for compensating victims of violent crime. This new edition uniquely pulls together, in one handy volume, the original 1996 tariff based scheme, the 2001 scheme, the 2008 scheme and the tribunal rules that accompany it, as well as the latest 2012 scheme. Divided into three sections - eligibility, assessment of compensation, and the procedural aspects of the scheme - this text provides a one-stop source of information for all those practising in this field. Considered the definitive book on the subject, its key features include: * commentary on all the recent judicial review decisions * detailed guidance on the approach of the authority and the First Tier Tribunal to some of the more difficult issues of interpretation of the schemes * specific guidance on the approach to and calculation of an applicants' losses * detailed summaries of relevant case law * practical advice on preparing, obtaining evidence for and presenting claims * detailed reference to the procedural rules, practice directions and the Guides to each Scheme. This is essential reading for practitioners looking to improve their applicants' chances of receiving the appropriate compensation.

The Research Handbook on EU Tort Law critically examines tort liability arising from EU law. It brings together for the first time different elements of EU tort law to provide a comprehensive overview of the institutional liability of the EU, member state liability and liability arising from a variety of EU legislation. Contributors are experts in their field and range from the UK and Ireland to France, Germany, the Netherlands and Hungary. The impact of EU tort law on national legal systems is wide-ranging. It extends to areas as diverse as consumer law, competition law, data protection law, employment law, insurance law and financial services law. The Research Handbook provides a detailed analysis of these areas of law and considers the extent to which we can now identify an emerging European culture of tort law. It further analyzes the impact of proposals to harmonise European tort law and considers the impact of Brexit on EU tort law. The Research Handbook offers an authoritative reference point for academics, students and practitioners studying or working in EU law, private law and comparative law. Comprehensive and informative, it is also accessible for those approaching the subject for the first time. Contributors include: J. Blackie, J. Davey, M. Faure, P. Giliker, M.-P. Granger, K. Gutman, J. Knetsch, D. Leczykiewicz, M. Martin-Casals, J. Mulder, L. Niglia, O. Odudu, C. Riefa, S. Saintier, A. Sanchez-Graells, K. Stanton, M. Stauch, F. White

Lord Justice Jackson's retirement in March 2018 concluded a career of almost 20 years on the bench. His judicial career has seen a remarkable transformation of construction law, construction law litigation and the litigation landscape more generally. Drawing the Threads Together is a Festschrift which considers many of the important developments in these areas during the Jackson era. The Festschrift discusses most of the leading construction cases decided by Lord Justice Jackson, with subject matter including statutory adjudication, fitness for purpose obligations, consideration, delays and extensions of time, liquidated damages, time bar provisions, the prevention principle, neighbour rights, limitation clauses, negligence, good faith, bonds and guarantees and concurrent duties of care. It also includes a discussion of the background to the Jackson Review of Civil Litigation Costs (2009-2010) and its impact on litigation, as well as considering the development of the Technology and Construction Court during and subsequent to Mr Justice Jackson's tenure as judge in charge of that court.

Explore the key aspects of business law through accessible, engaging real-life cas Law for Business Students, 12th edition, by Adams, Caplan and Lockwood provides you with contemporary and comprehensive coverage of the fundamental legal principles relating to the business environment. It introduces legal concepts to non-law students in a practical and engaging way through real-life cases relevant to the business world. The book offers a range of features to help you understand, apply and analyse legal concepts, including scenarios to encourage the development of opinions and application of relevant legal concepts. The 'Worth thinking about' sections provide discussion points to analyse within the classroom, while 'Exam tips' help revision practice by pointing to areas of the law which are likely to appear in exam questions. The new edition has been thoroughly updated to cover legal developments in a range of diverse areas relevant to the core topics of law: contract (including intellectual property), tort, employment and business organisations (including formation), governance, and dissolution. It reflects the changes in the law as a result of Brexit, as well as Covid litigation arising in relation to employment rights. This title also has a Companion Website.

This book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. A new structure through which duty problems can be analysed is also proposed. It is hoped that the book provides some fresh insights and clarity of the concept to the reader.

In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as 'revolutionary' by Lord Sumption (at [261]), who outlined in contrast a more rule-based means of dealing with the issue; a method with which Lord Mance and Lord Clarke broadly agreed. The decision is detailed and complex, and its implications for several areas of the law are considerable. Significantly, the reliance principle from Tinsley v Milligan [1994] 1 AC 340 has been discarded, as has the rule in Parkinson v College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can fairly be described as one of the most important judgments in general private law for a generation, and it can be expected to have ramifications for the application of the illegality doctrine across a wide range of disciplinary areas. Unless there is legislative intervention, which does not seem likely at the present time, Patel v Mirza is set to be of enduring significance. This collection will provide a crucial set of theoretical and practical perspectives on the illegality defence in English private law. All of the authors are well established in their respective fields. The timing of the book means that it will be unusually well placed as the 'go to' work on this subject, for legal practitioners and for scholars.

In recent years collective litigation procedures have spread across the globe, accompanied by hot controversy and normative debate. Yet virtually nothing is known about how these procedures operate in practice. Based on extensive documentary and interview research, this volume presents the results of the first comparative investigation of class actions and group litigation 'in action'. Produced by a multinational team of legal scholars, this book spans research from ten different countries in the Americas, Europe, Asia and the Middle East, including common law and civil law jurisdictions. The contributors conclude that to understand how class actions work in practice, one needs to know the cultural factors that shape claiming, the financial arrangements that enable or impede litigation, and how political actors react when mass claims erupt. Substantive law and procedural rules matter, but culture, economics and politics matter at least as much. This book will be of interest to students and scholars of law, business and politics. It will also be of use to public policy makers looking to respond to mass claims; financial analysts looking to understanding the potential impact of new legal instruments; and global lawyers who litigate transnationally. Contributors: A. Barroilhet, C. Cameron, N. Creutzfeldt, M.A. Gomez, A. Halfmeier, D.R. Hensler, C. Hodges, K.-C. Huang, J. Kalajdzic, A. Klement, B. Stier, E. Thornburg, I. Tzankova, S. Voet

After heart disease and cancer, the third leading cause of death in the United States is iatrogenic injury (avoidable injury or infection caused by a healer). Research suggests that avoidable errors claim several hundred thousand lives every year. The principal economic counterforce to such errors, malpractice litigation, has never been a particularly effective deterrent for a host of reasons, with fewer than 3% of negligently injured patients (or their families) receiving any compensation from a doctor or hospital's insurer. Closing Death's Door brings the psychology of decision making together with the law to explore ways to improve patient safety and reduce iatrogenic injury, when neither the healthcare industry itself nor the legal system has made a substantial dent in the problem. Beginning with an unflinching introduction to the problem of patient safety, the authors go on to define iatrogenic injury and its scope, shedding light on the culture and structure of a healthcare industry that has failed to effectively address the problem-and indeed that has influenced legislation to weaken existing legal protections and impede the adoption of potentially promising reforms. Examining the weak points in existing systems with an eye to using law to more effectively bring about improvement, the authors conclude by offering a set of ideas intended to start a conversation that will lead to new legal policies that lower the risk of harm to patients. Closing Death's Door is brought to vivid life by the stories of individuals and groups that have played leading roles in the nation's struggle with iatrogenic injury, and is essential reading for medical and legal professionals, as well as lawmakers and laypeople with an interest in healthcare policy.

The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.