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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Tort Law and the Legislature - Common Law, Statute and the Dynamics of Legal Change (Hardcover, New)
Loot Price: R5,415
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Tort Law and the Legislature - Common Law, Statute and the Dynamics of Legal Change (Hardcover, New)
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The study of the law of tort is generally preoccupied by case law,
while the fundamental impact of legislation is often overlooked. At
a jurisprudential level there is an unspoken view that legislation
is generally piecemeal and at best self-contained and specific; at
worst dependent on the whim of political views at a particular
time. With a different starting point, this volume seeks to test
such notions, illustrating, among other things, the widespread and
lasting influence of legislation on the shape and principles of the
law of tort; the variety of forms of legislation and the complex
nature of political and policy concerns that may lie behind their
enactment; the sometimes unexpected consequences of statutory
reform; and the integration not only of statutory rules but also of
legislative policy into the operation of tort law today. The
apparently sharp distinction between judicially created private law
principles, and democratically enacted legislative rules and
policies, is therefore questioned, and it is argued that to
describe the principles of the law of tort without referring to
statute is potentially highly misleading. This book shows that
legislation is important not only because of the way it varies or
replaces case law, but because it also deeply influences the
intrinsic character of that law, providing some of its most
familiar characteristics. The book provides the first extended
interpretation of legislative intervention in the law of tort. Each
of the chapters, by leading tort scholars, deals with an aspect of
the influence of legislation on the law of tort. While the nature,
sources and extent of legislative influence in personal injury law
is an essential feature of the collection, other significant areas
of tort law are explored, including tort in the context of
commercial law, labour law, regulation and the welfare state.
Essays on the Compensation Act 2006 and Human Rights Act 1998 bring
the current state of the interplay between tort, politics and
legislation to the forefront. In all of these contexts,
contributors explore the deeper lessons that can be learned about
the nature of the law of tort and its changing role and functions
over time. Cited with approval in the Singapore Court of Appeal by
VK Rajah JA in See Toh Siew Kee vs Ho Ah Lam Ferrocement (Pte) Ltd
and others, [2013] SGCA 29
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