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Comparing Tort and Crime - Learning from across and within Legal Systems (Hardcover)
Loot Price: R3,751
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Comparing Tort and Crime - Learning from across and within Legal Systems (Hardcover)
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The fields of tort and crime have much in common in practice,
particularly in how they both try to respond to wrongs and regulate
future behaviour. Despite this commonality in fact, fascinating
difficulties have hitherto not been resolved about how legal
systems co-ordinate (or leave wild) the border between tort and
crime. What is the purpose of tort law and criminal law, and how do
you tell the difference between them? Do criminal lawyers and civil
lawyers reason and argue in the same way? Are the rules on
capacity, consent, fault, causation, secondary liability or
defences the same in tort as in crime? How do the rules of
procedure operate for each area? Are there points of overlap? When,
how and why do tort and crime interact? This volume systematically
answers these and other questions for eight legal systems: England,
France, Germany, Sweden, Spain, Scotland, the Netherlands and
Australia.
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