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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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A Theory of Tort Liability (Hardcover)
Loot Price: R3,100
Discovery Miles 31 000
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A Theory of Tort Liability (Hardcover)
Series: Hart Studies in Private Law
Expected to ship within 12 - 17 working days
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This book provides a comprehensive theory of the rights upon which
tort law is based and the liability that flows from violating those
rights. Inspired by the account of private law contained in
Immanuel Kant's Metaphysics of Morals, the book shows that Kant's
theory elucidates a conception of interpersonal wrongdoing that
illuminates the operation of tort law. The book then utilises this
conception, applying it to the various areas of tort law, in order
to develop an understanding of the particular areas in question
and, just as importantly, their relationship to each other. It
argues that there are three general kinds of liability found in the
law of tort: liability for putting another or another's property to
one's purposes directly, liability for doing something to a third
party that puts another or another's property to one's purposes,
and liability for pursuing purposes in a way that improperly
interferes with the ability of another to pursue her legitimate
purposes. It terms these forms liability for direct control,
liability for indirect control and liability for injury
respectively. The result is a coherent, philosophical understanding
of the structure of tort liability as an entire system. In
developing its position, the book considers the laws of Australia,
Canada, England and Wales, New Zealand and the United States.
General
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