This comparative international review of law and practice liability describes the framework in which lawyers, insurers, contractors and clients dealing with liability operate. The act of building involves risk and, in the case of damages occurring after construction, it is often hard to identify responsibility. This will be an essential reference for construction lawyers, insurers and other senior practitioners and managers in industry, based on research and analysis by CIB (Conseil International du Batiment) as part of the CIB series programme.

This book revolves around major legal developments in the fields of European contract law and tort law from 1981 to today and examines whether similarities or divergences can be observed. It examines how opposing concepts such as weaker party protection (consumers as well as SME) and freedom of contract and fault principle are balanced. It also focuses on Europeanisation and constitutionalisation of both contract and tort law and the need to adjust the law in response to digitalisation and new technological, environmental or financial risks. Furthermore, the law of obligations nowadays emerges from very different sources and directions (top-down, bottom-up, but also crossing-over and diagonal). Norms of the law of obligations are not only being made by national legislators and courts, but also by European institutionalised lawmakers and (increasingly important) by private actors, organisations and networks. This book illustrates that the law of obligations evolves in a continuing process of waves. Contradictory tendencies in contract law alternate in focuses on the demands of the free market and the core value of party autonomy on the one hand and on the concept of fairness and weaker-party protection on the other hand. Tort law shows movements discarding former limitations of liability and embracing liability of wider scope and vice versa returns to more restricted approaches.

What happens if a driver carelessly crashes into another car? Or a newspaper publishes a story which makes derogatory comments about someone? Or if a resident plays loud music every night so that their neighbour cannot get any sleep? Tort law is a collection of such misbehaviours or misadventures where the law deems it appropriate to intervene with civil remedies. This new textbook addresses a range of the most prominent torts. The law is explained with clear writing and an accessible approach, relating the subject to everyday examples. There are key learning points to help anchor the reader's basic understanding, and sections of analysis to guide the reader to a more advanced critical engagement. Above all, tort law is interesting, for it covers so much of our daily lives, and is a constant source of evolving litigation. The Routledge Spotlights series brings a modern, contemporary approach to the core curriculum for the LLB and GDL, which will help students: move beyond an understanding of the law; refine and develop the key skills of problem-solving, evaluation and critical reasoning; discover sources and suggestions for taking your study further. By focusing on recent case law and real-world examples, Routledge Spotlights will help you shed light on the law, understand how it operates in practice, and gain a unique appreciation of the contemporary context of the subject. This book is supported by a range of online resources developed to aid your learning, keep you up to date and help you prepare for assessments.

Today terrorism has become a world-wide phenomenon which does not stop at the European borders. Following the 9/11 attacks on the World Trade Centre and terrorist attacks in Paris, Madrid and London, concerns have arisen in Europe about potential liability exposure for terrorism-related damage. This book tackles the problem of civil liability for damage caused by terrorist acts from several angles. The authors expertly deliver a comprehensive analysis of terrorism-related risk under international and EU law, and the national tort law systems of seven representative EU Member States. They also provide a comparison of the situation in Europe to the liability environment in the United States. Risk mitigation strategies are considered and critically assessed, as are alternative systems for redressing terrorism-related risks. The book concludes with a reflection on the analysis and presents possible strategies for future regulation by the European lawmakers.

Mediating Clinical Claims is a timely and detailed look at the growing practice of mediating clinical negligence claims in England, written by one of the UK's most experienced mediators of clinical claims. The book is aimed at all those with an interest in understanding why and how mediation is such an effective process in resolving such claims - claimants, healthcare professional and managers, lawyers, judges, policy-makers and mediators. It reviews research on what claimants and clinicians really want from healthcare complaints and claims. It offers help on how best to prepare for and conduct such mediations, giving numerous anonymised examples based on real mediations. This new title looks at: - How mediation of clinical claims has developed - How mediation differs from other processes - Practical guidance for all participants - The legal framework in which such mediation operates - The law and practice of clinical claims - Process design and the special problems of multi-party claims - Future developments. Mediating Clinical Claims provides mediators, claimants, healthcare professionals and their legal representatives with all the guidance they need to ensure that a successful and fair outcome is achieved for all those involved in such mediations.

What happens if a driver carelessly crashes into another car? Or a newspaper publishes a story which makes derogatory comments about someone? Or if a resident plays loud music every night so that their neighbour cannot get any sleep? Tort law is a collection of such misbehaviours or misadventures where the law deems it appropriate to intervene with civil remedies. This new textbook addresses a range of the most prominent torts. The law is explained with clear writing and an accessible approach, relating the subject to everyday examples. There are key learning points to help anchor the reader's basic understanding, and sections of analysis to guide the reader to a more advanced critical engagement. Above all, tort law is interesting, for it covers so much of our daily lives, and is a constant source of evolving litigation. The Routledge Spotlights series brings a modern, contemporary approach to the core curriculum for the LLB and GDL, which will help students: move beyond an understanding of the law; refine and develop the key skills of problem-solving, evaluation and critical reasoning; discover sources and suggestions for taking your study further. By focusing on recent case law and real-world examples, Routledge Spotlights will help you shed light on the law, understand how it operates in practice, and gain a unique appreciation of the contemporary context of the subject. This book is supported by a range of online resources developed to aid your learning, keep you up to date and help you prepare for assessments.

This book is the second of a two-volume treatise on the law of non-contractual obligations. The result of a unique attempt to discover the common elements of the law of torts of all the member states of the EU, it is founded on the belief that the approximation of European laws should not be left to the directives and regulations of Brussels alone. To this end, von Bar has undertaken a thorough detailed analysis of the relevant court rulings and academic writings of all the jurisdictions of the European Union to distil a common European law of torts. The insights gained from the comparative analysis also offer a guidance to greater harmonization in the future. This second volume commences with a chapter on loss, damage, and damages, before proceeding with a detailed analysis of liability for breach of duty. This third chapter is devoted to strict liability, the fourth to causation and remoteness of damage, and the fifth to general defences.

'Because the law of defamation is about reputation and thus necessarily about community and social attitudes, Baker's serious empirical analysis of just those community and social attitudes about defamation and about reputation is a novel and important contribution to the literature on libel and slander. It will be a useful corrective to the various empirically unsupported assertions that dominate the court cases and the academic literature on the topic.' - Frederick Schauer, University of Virginia, US 'This book shines a welcome light on a neglected area of defamation law: how juries and judges determine what it means to say a statement is defamatory. The author employs well-designed empirical research to provide concrete answers, and the reform he proposes is sensible and workable. The book should be must-reading for anyone who seeks to understand how the law does or does not protect reputation - especially lawyers and judges who try libel cases.' - David A. Anderson, University of Texas Law School, US 'When defamation jurors decide whether a statement about someone is ''defamatory'', the question for them to answer is whether it would generate disapproval among ''ordinary reasonable people''. It has generally been assumed that they answer this question correctly. What Roy Baker discovered through empirical research is that this assumption may often be wrong. This fascinating and important book sets out his findings, alongside a broad-ranging and perceptive analysis of the law's approach to defining ''defamatory''.' - Michael Chesterman, The University of New South Wales, Australia The common law determines whether a publication is defamatory by considering how 'ordinary reasonable people' would respond to it. But how does the law work in practice? Who are these 'ordinary reasonable people' and what do they think? This book examines the psychology behind how judges, juries and lawyers decide what is defamatory. Drawing on a thorough examination of case law, as well as extensive empirical research, including surveys involving over 4,000 members of the general public, interviews with judges and legal practitioners and focus groups representing various sections of the community, this book concludes that the law reflects fundamental misperceptions about what people think and how they are influenced by the media. The result is that the law tends to operate so as to unfairly disadvantage publishers, thus contributing to defamation law's infamous 'chilling effect' on free speech. This unique and controversial book will appeal to judges, defamation law practitioners and scholars in various common law jurisdictions, media outlets, academics engaged in researching and teaching torts and media law, as well as those working within the disciplines of media or communications studies and psychology. Anyone concerned with the law's interaction with public opinion, as well as how people interpret the media will find much to interest them in this fascinating study. Contents: 1. Introduction Part I: Asking the Defamation Question 2. Formulating the Test for Defamation 3. Refining the Test 4. Applying the Test Part II: Answering the Defamation Question 5. The Lawyers Answers 6. The Public's Answers 7. The Third-Person Effect 8. Accommodating the Third-Person Effect 9. Conclusion Bibliography Index

Maimonides lived in Spain and Egypt in the twelfth century, and is perhaps the most widely studied figure in Jewish history. This book presents, for the first time, Maimonides' complete tort theory and how it compares with other tort theories both in the Jewish world and beyond. Drawing on sources old and new as well as religious and secular, Maimonides and Contemporary Tort Theory offers fresh interdisciplinary perspectives on important moral, consequentialist, economic, and religious issues that will be of interest to both religious and secular scholars. The authors mention several surprising points of similarity between certain elements of theories recently formulated by North American scholars and the Maimonidean theory. Alongside these similarities significant differences are also highlighted, some of them deriving from conceptual-jurisprudential differences and some from the difference between religious law and secular-liberal law.

Tort law is a core element of every law degree in England and Wales. Unlocking Torts will ensure you grasp the main concepts with ease. This book explains in detailed, yet straightforward, terms: Negligence and negligence related torts including occupiers' liability and employers' liability; Land based torts such as trespass, nuisance and Rylands v Fletcher; Trespass to the person; Defamation and other torts relating to reputation; Economic torts, breach of a statutory duty, vicarious liability, defences and remedies. The fifth edition is fully up to date with key case law including the recent decision of Robinson v Chief Constable of West Yorkshire Police [2018] UKSC and Darnley v Croydon Health Services NHS Trust [2018] UKSC 50 amongst others. The Unlocking the Law series is designed specifically to make the law accessible. Each chapter opens with a list of aims and objectives and contains diagrams to aid learning. Cases and judgments are prominently displayed, as are primary source quotations. Summaries help check your understanding of each chapter, there is a glossary of legal terminology. New features include problem questions with guidance on answering, as well as essay questions and answer plans, plus cases and materials exercises. All titles in the series follow the same formula and include the same features so students can move easily from one subject to another. The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications as well as popular option units.

This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker. Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.

Despite the centrality of the contributory negligence doctrine in practice, almost nothing is known about how it functions in reality. The authors, seeking to fill this deficit in understanding, have undertaken a wide-ranging empirical study of how the doctrine is handled by the courts. They report their methodology and findings in this volume, framing their discussion within the law of contributory negligence. The study is based on 572 first instance decisions on contributory negligence from across the United Kingdom decided between 2000 and 2016, and 129 appellate decisions handed down in the same period. The analysis considers the operation of the contributory negligence doctrine at first instance and on appeal, and in a range of contextual settings, including road accidents, accidents at work, and professional negligence claims. The authors also consider how the study can be used to inform future developments in this area of law. Substantial appendices set out the key data on which the book is based, enabling academics to utilize the dataset in their own research and allowing practitioners to compare their cases easily with previously decided claims.

Concentrate Q&A Tort Law guides you through how to structure a successful answer to a legal problem. Whether you are preparing for a seminar, completing assessed work, or in exam conditions, each guide shows you how to break down each question, take your learning further, and score extra marks. The Concentrate Q&A series has been developed in collaboration with hundreds of law students and lecturers across the UK. Each book in this series offers you better support and a greater chance to succeed on your law course than any other Q&A guide. 'A sure-fire way to get a 1st class result' - Naomi M, Coventry University 'I can't think of better revision support for my study' - Quynh Anh Thi Le, University of Warwick 'My grades have dramatically improved since I started using the OUP Q&A guides' - Glen Sylvester, Bournemouth University 'My fellow students rave about this book' - Octavia Knapper, Lancaster University 'These first class answers will transform you into a first class student' - Ali Mohamed, University of Hertfordshire 'The best Q&A books that I've read; the content is exceptional' - Wendy Chinenye Akaigwe, London Metropolitan University Take it online: The 2nd edition is available in paperback, or e-book. Visit www.oup.com/lawrevision/ for multimedia resources to help you with revision and assessment.

This fourteenth edition of Law Made Simple marks the fiftieth year of the publication for one of the best-selling UK Law books. It is the perfect introduction to the English Legal System, and combines an overview of both the legislation and case law relating to all the foundation subjects, including Contract, Torts, Land, Trusts, Criminal, Public and EU. Fully updated, this book acts as a clear and concise guide for students studying law at any level, and takes into account developments across the curriculum. It is suitable for students studying law at A-Level, or as an excellent background for students thinking of embarking on the study of law or related course at degree level.

Since this book was first published over ten years ago, collateral warranties have been used increasingly by funding institutions, building purchasers and tenants to create a contractual relationship between themselves and other parties involved in the project, whether architect, engineer, contractor or subcontractor. Indeed, collateral warranties are now being used to create primary contractual obligations.

There have been some immensely important developments in the law relating to collateral warranties since the first edition. The Contracts (Rights of Third Parties) Act 1999 has introduced radical new developments into English contract law. The book now includes a completely new chapter on the legislation, which also looks at the potential practical uses of the Act on development projects.

The House of Lords has handed down a number of key decisions recently on third party remedies and on the principles relating to damages on assignment (such as Linden Gardens, Panatown, Henderson v. Merrett Syndicates and White v. Jones). These and some 65 other new cases are considered in the new edition.

Finally, a number of standard forms of warranty have been issued and these are now discussed, in particular the new JCT standard form of warranty for main contractors and subcontractors.

This immensely important book was widely welcomed when it was first published. The new edition has been thoroughly updated and will continue to be the authoritative reference on the subject.

"David Cornes and Richard Winward's book is a veritable mine of such information and is eminently readable" Construction News 16/05/02

"For those of you working in construction, managing building or indeed other contracts, you must have at least one authoritative source of advice and information. If this is your area of work, then this is your book" Building Engineer, July 2002

In this important book, Elspeth Reid presents an exhaustive, integrated treatment of the law of Delict in Scotland.The volume covers negligence, injuries to specific interests (such as defamation and assault), statutory liability, and defences and remedies. Alongside its focus upon the Scots sources, where appropriate it also gives full consideration to case law and commentary from other jurisdictions, especially England and Wales.

Contemporary philosophy and tort law have long enjoyed a happy union. Tort theory today is an exceptionally active and wide ranging field within legal philosophy. This volume brings together established and emerging scholars from around the world and from varying disciplines that bring their distinct perspective to the philosophical problems of tort law. These ground breaking essays advance longstanding debates and open up new avenues of enquiry thus deepening and broadening the field. Contributions cover the major problematic areas of tort law, such as the relations between responsibility, fault, and strict liability; the morality of harm, compensation, and repair; and the relationship of tort with criminal and property law among many others.

This book is a second edition of Interpretation of Contracts (2007). The original work examined various issues surrounding the question of how contracts should be interpreted by courts, in particular focusing on the law of contract interpretation following Lord Hoffmann's exposition of the principles of contextual interpretation in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896. As with the original, this new edition provides an overview of the subject, concentrating on elements of controversy and disagreement, rather than a detailed analysis of all the contract law rules and doctrines that might be regarded as interpretative in one sense or another. The book will be concerned with interpretation of contracts generally (following the rule that there are not different rules of interpretation for different kinds of contracts), but with reference to commercial contracts in particular, since this is the area in which the contextual interpretative approach was developed, and where it has most relevance. The overall aim of the second edition remains the same as the first - to produce an accessible and readable guide to contract interpretation for law students, scholars and practitioners.

US tort law, cloaked behind increased judicial review of science, is changing before our eyes yet we cannot see it. While Supreme Court decisions have altered how courts review scientific testimony, the complexity of both science and legal procedures mask the resulting social consequences. Yet these consequences are too important to remain hidden. Mistaken court reviews of scientific evidence can decrease citizen access to the law, decrease incentives for firms to test their products, lower deterrence for harmful products, and decrease the possibility of justice for citizens injured by toxic substances. Even if courts review evidence well, increases in litigation costs and attorney screening of clients can impede access to the law. Newly revised and expanded, Toxic Torts, 2nd edition introduces these issues, reveals the relationships that can deny citizens just restitution for harms suffered, and shows how justice can be improved in toxic tort cases.

Principles and Practices of Aquatic Law presents the best practices and principles related to aquatic law and risk management. Its focus is injury and death occurring in aquatic environments including the ocean, pools, water parks, canals, rivers, lakes, dams, etc. It discusses the importance of aquatic risk management as it relates to aquatic accident prevention and the concept of duty and liability for a facility's management and staff. It also presents updated and relevant information about beach safety and the importance of hazard identification, warning, and elimination, and provides information for attorneys relating to the process of developing liability theories involving serious aquatic accidents and death. Features Presents a comprehensive resource on the applied practices and principles of aquatic law. Provides information for attorneys for the process of developing liability theories involving serious aquatic accidents and death. Presents updated and relevant information about beach safety and the importance of hazard identification, warning, and elimination. Discusses water-borne contaminants such as cryptosporidium and flesh-eating bacteria. Presents comprehensive public safety and beach management strategies: rip current prediction and monitoring, coastal engineering, drowning and rescue statistics, etc.

Accessory liability is an often neglected but very important topic across all areas of private law. By providing a principled analytical framework for the law of accessories and identifying common themes and problems that arise in the law, this book provides much-needed clarity. It explains the fundamental concepts that are used to impose liability on accessories, particularly the conduct and mental elements of liability: 'involvement' in the primary wrong and (generally) knowledge. It also sets out in detail the specific rules and principles of liability as these operate in different areas of common law, equity and statute. A comparative study across common law and criminal law jurisdictions, including the United States, also sheds new light on what is and what is not accessory liability.

Tort Law: Text, Cases, and Materials combines incisive author commentary with carefully selected extracts from primary and secondary materials. The author introduces the fundamental principles of the subject before moving on to discuss more challenging issues, thereby ensuring a full understanding of the subject and encouraging an appreciation of the more complex debates surrounding the law of tort. The book is designed to be a stand-alone text, providing students with a comprehensive source of relevant materials in one easy-to-use volume. Digital formats and resources This text is accompanied by online resources, including: - Biannual updates, keeping students up to date on the latest key developments in tort law - Self-test questions on key topics, with feedback, giving you the opportunity to test your learning - Web links to reliable and accurate resources, providing a starting point for further study

This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.

The fields of tort and crime have much in common in practice, particularly in how they both try to respond to wrongs and regulate future behaviour. Despite this commonality in fact, fascinating difficulties have hitherto not been resolved about how legal systems co-ordinate (or leave wild) the border between tort and crime. What is the purpose of tort law and criminal law, and how do you tell the difference between them? Do criminal lawyers and civil lawyers reason and argue in the same way? Are the rules on capacity, consent, fault, causation, secondary liability or defences the same in tort as in crime? How do the rules of procedure operate for each area? Are there points of overlap? When, how and why do tort and crime interact? This volume systematically answers these and other questions for eight legal systems: England, France, Germany, Sweden, Spain, Scotland, the Netherlands and Australia.