|
Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
|
Defences in Tort
(Paperback)
Andrew Dyson, James Goudkamp, Frederick Wilmot-Smith
|
R1,527
Discovery Miles 15 270
|
Ships in 9 - 15 working days
|
|
This book is the first in a series of essay collections on defences
in private law. It addresses defences to liability arising in tort.
The essays range from those adopting a primarily doctrinal approach
to others that examine the law from a more theoretical or
historical perspective. Some essays focus on individual defences,
while some are concerned with the links between defences, or with
how defences relate to the structure of tort law as a whole. A
number of the essays also draw upon concepts and literature that
have been developed mainly in relation to the criminal law, and
consider their application to tort law. The essays make several
original contributions to this complex, important but neglected
field of academic enquiry.
2013 was the 50th anniversary of the House of Lords' landmark
decision in Hedley Byrne v Heller. This international collection of
essays brings together leading experts from five of the most
important jurisdictions in which the case has been received (the
United Kingdom, the United States, New Zealand, Canada and
Australia) to reappraise its implications from a number of
complementary perspectives-historical, theoretical, conceptual,
doctrinal and comparative. It explores modern developments in the
law of misstatement in each of the jurisdictions; examines the
case's profound effects on the conceptual apparatus of the law of
negligence more generally; explores the intersections between
misstatement liabilities in contract, tort, equity and under
statutory consumer protection provisions; and critically assesses
the ways in which advisor liabilities have come to be limited and
distributed under systems of 'joint and several' and
'proportionate' liability respectively. Inspired by Hedley Byrne,
the purpose of the collection is to reflect on the case's echoes,
effects and analogues throughout the private law and to provide a
platform for thinking about the ways in which liabilities for
misstatement and pure economic loss should be modelled in the
modern day.
The principal objective of this book is simple: to provide a timely
and effective means of navigating the current maze of case law on
causation, in order that the solutions to causal problems might
more easily be reached and the law relating to them more easily
understood. The need for this has been increasingly evident in
recent judgments dealing with causal issues: in particular, it
seems to be ever harder to distinguish between the different
'categories' of causation and, consequently, to identify the legal
test to be applied on any given set of facts. Causation in
Negligence will make such identification easier, both by clarifying
the parameters of each category and mapping the current key cases
accordingly, and by providing one basic means of analysis which
will make the resolution of even the thorniest of causal issues a
straightforward process. The causal inquiry in negligence seems to
have become a highly complicated and confused area of the law. As
this book demonstrates, this is unnecessary and easily remedied.
|
|