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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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.
How can you avoid the common pitfalls when navigating the
complexities of personal injury limitation periods? This is a guide
to the law of limitation periods in personal injury actions.
Pitfalls and problems are highlighted and the limitation periods
and service rules are clearly explained, ensuring that you never
issue or serve proceedings outside the legal time limits. Each
chapter is supplemented by summaries of the key cases for that
topic and Part 2 contains all the relevant legislation. New
coverage includes landmark cases, explaining and analysing their
impact on practice: - Collins v Secretary of State for Business,
Innovation and Skills (Court of Appeal, 2014) - an asbestos-related
lung cancer case of 'seminal importance in relation to long tail
industrial disease claims' - Platt v BRB (Residuary) Ltd (Court of
Appeal, 2014) - examination of constructive knowledge in the
context of limitation in disease cases - RE v GE (2015) -
consideration of the court's discretion, conferred by section 33 of
the Limitation Act 1980 in the context of a sexual abuse case -
Abela v Baadarani (Supreme Court, 2013) - highlights an important
shift of emphasis away from the traditional approach to service out
of the jurisdiction and considerations of national sovereignty, and
towards a more practical and pragmatic approach - Barton v Wright
Hassall (Supreme Court, 2018) - a crucial judgment regarding
whether litigants in person should be granted a special status in
civil litigation
This three-volume set contains the results of the second and final
stage of an AHRC-funded project which aims to examine the nature of
legal development in Western Europe since 1850, focusing on
liability for fault. By bringing together experts with different
disciplinary backgrounds - comparative lawyers and legal
historians, all with an understanding of modern tort law in their
own systems - and getting them to work collaboratively, the books
produce a more nuanced comparative legal history and one which is
theoretically better informed. Also available, the six-volume set
containing the results of the first stage of this project.
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