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. 1908 edition. Excerpt: ...wares in the name of Heaven, and the mob will hasten to deck him out in purple and fine linen When Dr Campbell" (meaning the plaintiff) " has finished his Chinese letters, he will be a greater simpleton than we take him for if he does not force ofi' another 100,000 copies of his paper by launching a fresh series of thunderbolts against the powers of darkness. In the meanwhile, -there can be no doubt that he is making a very good thing indeed of the spiritual wants of the Chinese." And the plaintiff, by reason of the premises, has been greatly injured, scandalized and aggrieved. And the plaintiff claims 1000. Plea: Not guilty. On the trial, before Cockburn, C.J., at the Sittings at Guildhall after Hilary Term, it appeared that the defendant was the Printer of a weekly newspaper or periodical called The Satu/rday Review 'if Politics, Literature, Science and Art, and that the libels complained of were published in an article headed "The Heathens' Best Friend," contained in the number for June 14th, 1862. The plaintiff was a minister of a dissenting congregation, and the editor and part proprietor of The British Ensign and The Bfitish Standard, which were dissenting newspapers or periodicals. Extracts from the former were put in evidence, containing a, proposal to publish in it a series of letters to the Queen and persons of note on the subject and duty of evangelizing the Chinese, and to promote as widely as possible the circulation of the numbers of the paper in which those letters should appear, in order to call the attention of missionaries and others to the importance of this work of evangelization. A series of letters accordingly appeared in The British Ensign, the three first of which, ...

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Many of the defining features of the modern law of tort can be traced to the first half of the twentieth century, but, until now, developments in that period have never received a dedicated historical examination. This book examines both common law and statutory innovations, paying special attention to underlying assumptions about the operation of society, the function of tort law, and the roles of those involved in legal changes. It recovers the legal and social contexts in which some landmark decisions were given (and which puts those decisions in a very different light) and draws attention to significant and suggestive cases that have fallen into neglect. It also explores the theoretical debates of the period about the nature of tort law, and reveals the fascinating patterns of influence and power at work behind statutory initiatives to reform the law.

Mass production and changes in distribution chains have severely restricted the power of the seller and the buyer to use their own skill and judgement. As a result, 'product liability' has developed into a distinct area of legal regulation. Traditional legal techniques, such as the warranty against latent defects in contract and fault in tort, proved inadequate safeguards. This examination of western-European legal systems combines legal history and comparative law to demonstrate how tort law has adapted to meet these new conditions.

Cases arising from disputes between neighbours (what English law would describe in terms of the law of nuisance) fall towards the edge of the law of tort, on its boundary with the law of property. They therefore provide a good example of how the categorisation of a case can affect the liability rule: tort law is typically concerned with fault, property law with strict liability. The aim of this book is to examine the importance of these category shifts, as well as the extent to which statutory interventions, planning control and the like have had an impact on the analysis of tortuous liability.

Rail and road accidents are examples of new sources of harm, particularly personal injury, which arose almost simultaneously across Western Europe. The area of rail accidents provides early examples of a move away from fault liability in certain countries, but not in others. Although statutory regulation and extra-statutory standards form part of the context of liability, private law actions for damages and the plasticity of fault ideas remain central to the law's response. Insurance determines the relative importance of private law actions. Traffic liability is a field in which different solutions have been developed by different legal systems. For example, while France developed strict liability in the 1920s and 1930s and no-fault liability in 1985, English law has remained wedded to fault. The stability of each legal solution suggests that the background insurance position has been settled in the different countries, albeit in differing ways.

This detailed description and comparative analysis of the development of tort law in Europe over the last 150 years is based on national reports that are structured by a basic questionnaire. The national reports are complemented with a comparative analysis of the parallel, though often diverging, developments in the different legal systems. It can clearly be seen that different groups in the legal systems, such as judges and scholars, often had diverging views on tort law that were translated into more specific doctrinal and evaluative statements. Accompanied by a general expansion of liability due to changing perceptions of the risks of accidents, the former Roman law of delict and the medieval law of torts have been transformed into modern rules of extra-contractual liability that are deeply entrenched into the social security and insurance systems.

Technological developments posed a challenge to the established law, especially tort law, at approximately the same time across Europe. This book focuses on the similarity and diversity of responses to such developments in different jurisdictions. Three examples have been studied in depth: the escape of sparks from steam engines in the middle of the nineteenth century; exploding boilers in the latter part of the nineteenth century; and asbestos-related industrial disease in the middle and late twentieth century. The book shows how the rules of tort law were used and adapted and demonstrates how other systems of regulation and compensation were introduced to prevent injuries or to provide compensation to victims outside tort law. The relatively marginal role of tort law in these areas reveals much about legal development in general.

The way the law responds to death or personal injury resulting from medical treatment has changed over time. Expectations of success in medical interventions have risen. Hospitals have become more complex and use more advanced technology. This has had an impact on the liability of medical practitioners, both in generating new problems and in raising standards of expected care. While the focus is civil liability, typically either through contract or tort, this volume of essays also examines compensation systems outside private law. This topic has grown in significance since 1945. The problems encountered by the law are similar across the different jurisdictions, even if the health service arrangements are different. The legal changes are also set against changes in the institutional background, such as the role of the state, the availability of insurance and the professionalisation of medical practitioners.

The new edition of European Tort Law provides an extensive revision and update of the only English language handbook in this constantly evolving area. The coverage in the new edition has been expanded with material on the latest developments in legislation, legal literature, and the case law of the European Court of Human Rights, the Court of Justice of the European Union, and the highest courts in France, Germany, and England.
The first part of the book, Systems of Liability, provides chapters on the state of tort law in France, Germany, and England, and the European Union. A concluding chapter gives an overall view of the European field, linking the variety of rules with cultural diversity, examining the consequences for European harmonization, and emphasizing the importance of a European policy discourse.
The second part, Requirements for Liability, analyses and compares the classic requirements for liability in a comparative and supranational perspective: rights and protected interests, intention and negligence, breach of statutory duty, stricter rules of liability, causation, damage, damages, and contributory negligence. It also discusses the role of tort law in protecting human rights against violations by the state and by multinational corporations.
The final part, Categories of Liability, assesses how national and supranational rules are applied in a number of categories, such as in liability for motor vehicles, defective products, and defective premises, in liability for children, employees, and subsidiaries, as well as in cases of nuisance, environmental liability, and liability of public bodies.

Fatal accidents present the lawyer with a set of problems distinct from those of non-fatal personal injury claims. In particular, who does the law categorise as a dependant and how do you calculate the claim for dependency? The APIL Guide to Fatal Accidents, now in its fourth edition, provides practical advice on how to run a case involving a fatal accident and how to secure maximum awards for the family, friends and estate of the deceased. Useful practical materials such as client questionnaires, draft pleadings and schedules of damages complement the text. In addition the relevant statutory materials and the latest edition of the Ogden Tables are reproduced for ease of reference.

Originally published in 1931, this book is comprised of the content of a series of lectures delivered in the University of Calcutta during 1930. The text traces the relationship between tortious obligation and other regions of the law, suggesting that the Common Law gains greatly in effectiveness by the absence of clearly marked barriers on the boundary of any one of the subjects analysed. Indices of statutes and cases are also included. This book will be of value to anyone with an interest in tort law and legal history.

Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.

Exploring Private Law presents a collection of essays, by leading scholars from across the world, on private law doctrines, remedies, and methods. The overarching purpose of the collection, inspired by recent debate, is to celebrate and illustrate the contribution that both top-down' and bottom-up' methods of reasoning make to the development of private law. With that purpose in mind, the contributors to the collection explore a range of topics of current interest: judicial approaches to top-down' and bottom-up' methods; teaching trusts law; the protection of privacy in private law; the development of the law of unjust enrichment; the private law consequences of theft; equity's jurisdiction to relieve against forfeiture; the nature of fiduciary relationships and obligations; the duties of trustees; compensation and disgorgement remedies; partial rescission; the role of unconscionability in proprietary estoppel; and the nature of registered title to land.

This book develops a theory of tort law that integrates deontic and consequential approaches by applying justificational analysis to identify the factors, circumstances, and values that shape tort law. Drawing on Kantian and Rawlsian philosophy, and on the insights of game theorist Ken Binmore, this book refocuses tort law on a single theory of responsibility that explains and justifies the broad range of tort doctrine and concepts. Under this theory, tort law asks people to appropriately incorporate the well-being of others into the decisions they make, explains when that duty applies, and explains the scope and limits of that duty. The theory also incorporates a theory of the evolutionary development of social values that people use, and ought to use, in meeting that duty and explains how decision-making from behind the veil of ignorance allows us to evaluate the is in light of the ought.