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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
The publication of Scholars of Tort Law marks the beginning of a
long overdue rebalancing of private law scholarship. Instead of
concentrating on judicial decisions and academic commentary only
for what that commentary says about judicial decisions, the book
explores the contributions of scholars of tort law in their own
right. The work of a selection of leading scholars of tort law from
across the common law world, ranging from Thomas Cooley (1824-1898)
to Patrick Atiyah (1931-2018), is addressed by eminent current
scholars in the field. The focus of the contributions is on the
nature of the work produced by each of the scholars in question,
important influences on their work, and the influence which that
work in turn had on thinking about tort law. The process of
subjecting tort law scholarship to sustained analysis provides new
insights into the intellectual development of tort law and reveals
the important role played by scholars in that development. By
focusing on the work of influential tort scholars, the book serves
to emphasise the importance of legal scholarship to the development
of the common law more generally.
"Injury" offers the first sustained anthropological analysis and
critique of American injury law. The book approaches injury law as
a symptom of a larger American injury culture, rather than as a
tool of social justice or as a form of regulation. In doing so, it
offers a new understanding of the problematic role that law plays
in constructing Americans' relations with the objects they
consume.
Through lively historical analyses of consumer products and
workplace objects ranging from cigarettes to cheeseburgers and
computer keyboards to airbags, Jain lucidly illustrates the real
limits of the product safety laws that seek to redress consumer and
worker injury. The book draws from a wide range of materials to
demonstrate that American law sets out injury as an exceptional
state, one that can be redressed through imperfect systems of
monetary compensation. "Injury" demonstrates how laws are unable to
accommodate the ways in which physical differences among citizens
are imposed by the physical objects of culture that distribute risk
differently among populations. The book moves between detailed
accounts of individual legal cases; historical analyses of
advertising, product design, regulation, and legal history; and a
wide reading of cultural theory.
Drawing on an extensive knowledge of law and social theory,
this innovative book will be essential reading for anyone with an
interest in design, consumption, and the politics of injury.
A considered balance of depth, detail, context, and critique, Tort
Law Directions offers the most student-friendly guide to the
subject; empowering students to evaluate the law, understand its
practical application, and approach assessments with confidence.
Gain a complete understanding of the topic: we won't overload or
leave your students short, just the right amount of detail conveyed
clearly -Understand the law in context: with scene-setting
introductions and highlighted case extracts, the practical
importance of the law becomes clear -Identify when and how to
evaluate the law critically: we'll introduce the key areas of
debate and give your students the confidence to question the law
-Direct and consolidate their knowledge: visually engaging learning
and self-testing features aid understanding and help your students
tackle assessments with confidence -Elevate their learning: with
the ground-work in place your students can aspire to take their
learning to the next level, the authors provide direction on going
further Digital formats and resources The 8th edition is available
for students and institutions to purchase in a variety of formats,
and is supported by online resources. -The e-book offers a mobile
experience and convenient access along with functionality tools,
navigation features, and links that offer extra learning support:
www.oxfordtextbooks.co.uk/ebooks -The online resources include:
guidance on answering the questions in the book, podcasts
introducing the issues covered in each chapter, bi-annual updates
on the latest key developments in tort law, and self-test questions
with instant feedback, providing an opportunity for students to
test and consolidate their learning.
This book adopts a novel approach to resolving the present
difficulties experienced by the courts in imposing strict liability
for the tort of another. It looks beyond the traditional
classifications of 'vicarious liability' and 'liability for breach
of a non-delegable duty of care' and, for the first time, seeks to
explain all instances of strict liability for the tort of another
in terms of the various relationships in which the courts impose
such liability. The book shows that, despite appearances, there is
a unifying feature to the various relationships in which the courts
currently impose strict liability for the tort of another. That
feature is authority. Whenever the courts impose strict liability
for the tort of another, the defendant is either vested with
authority over the person who committed a tort against the claimant
or has vested or conferred a form of authority upon that person in
respect of the claimant. This book uses this feature of authority
to construct a new expositive framework within which strict
liability for the tort of another can be understood.
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