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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Three Essays on Torts (Hardcover)
Loot Price: R2,959
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Three Essays on Torts (Hardcover)
Series: Clarendon Law Lectures
Expected to ship within 12 - 19 working days
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This book of essays champions tort scholarship that puts judges at
centre stage: what they do, how they understand their role, the
heterogeneous reasons they give for their decisions, and their
constitutional responsibility to identify and articulate the
'living' and 'evolving' common law. This is 'reflexive tort
scholarship'. Reflexive tort scholars seek dialogue with Bench and
Bar. Their approach is very different from the currently
fashionable academic search for 'grand theories' that descriptively
assert that tort law is fundamentally 'all about one thing', a
unifying idea that alone explains and justifies the whole of tort
law. This book illustrates the advantages and pay-offs of the
reflexive style of scholarship by showing how it illuminates key
features of tort law. The first essay contrasts the reflexive
approach with the Grand Theory approach, while the second essay
identifies a principle of tort law (the 'cooperative principle'),
that is latent in the cases and that vindicates the value of
collaborative human arrangements. Identifying this principle calls
into question, in disputes between commercial parties, the
reasoning used to support one of the most entrenched lines of
authority in tort law - that based on the famous case of Hedley
Byrne v Heller. The final essay deploys the reflexive method to
argue that the iconic 'but-for' test of factual causation is
inadequate and narrower than the concept actually utilized in the
cases. Application of the method also prompts a reassessment of the
'scope of duty' concept and of the appropriate characterisation of
the much-discussed decision in SAAMCO. These essays, based on the
2018 Clarendon Law Lectures given at Oxford University, clearly
demonstrate the value of scholarship that 'takes the judges
seriously'.
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