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In recent years a strand of thinking has developed in private law
scholarship which has come to be known as 'rights' or
'rights-based' analysis. Rights analysis seeks to develop an
understanding of private law obligations that is driven, primarily
or exclusively, by the recognition of the rights we have against
each other, rather than by other influences on private law, such as
the pursuit of community welfare goals. Notions of rights are also
assuming greater importance in private law in other respects. Human
rights instruments are having an increasing influence on private
law doctrines. And in the law of unjust enrichment, an important
debate has recently begun on the relationship between restitution
of rights and restitution of value. This collection is a
significant contribution to debate about the role of rights in
private law. It includes essays by leading private law scholars
addressing fundamental questions about the role of rights in
private law as a whole and within particular areas of private law.
The collection includes contributions by advocates and critics of
rights-based approaches and provides a thorough and balanced
analysis of the relationship between rights and private law.
This book takes a socio-legal approach and provides a rich and
thorough understanding of tort law. Each section begins with a
clear overview of the law, followed by illustrative extracts from
case law and from government reports and scholarly literature,
which are supported by explanation and analysis. This seventh
edition has been brought completely up to date by Ken Oliphant and
Donal Nolan. Digital formats The seventh edition is available for
students and institutions to purchase in a variety of formats, and
is supported by online resources. · The e-book offers a mobile
experience and convenient access along with functionality tools and
navigation features: www.oxfordtextbooks.co.uk/ebooks · All of
OUP's tort law textbooks are supported by online resources
including bi-annual updates on the latest key developments in tort
law, and self-test questions on key topics, with feedback,
providing an opportunity for students to test and consolidate their
learning.
This book provides a counter-balance to the traditional focus on
judicial decisions by exploring the contribution of legal scholars
to the development of private law. In the book the work of a
selection of leading scholars of contract law from across the
common law world, ranging from Sir Jeffrey Gilbert (1674-1726) to
Professor Brian Coote (1929-2019), is addressed by legal historians
and current scholars in the field. The focus is on the nature of
the work produced by the scholars in question, important influences
on their work, and the impact which that work in turn had on
thinking about contract law. The book also includes an introductory
chapter and an afterword by Professor William Twining that explore
connections between the scholars and recurrent themes. The process
of subjecting contract law scholarship to sustained analysis
provides new insights into the intellectual development of contract
law and reveals the central role played by scholars in that
process. And by focusing attention on the work of influential
contract scholars, the book serves to emphasise the importance of
legal scholarship to the development of the common law more
generally.
Despite the centrality of the contributory negligence doctrine in
practice, almost nothing is known about how it functions in
reality. The authors, seeking to fill this deficit in
understanding, have undertaken a wide-ranging empirical study of
how the doctrine is handled by the courts. They report their
methodology and findings in this volume, framing their discussion
within the law of contributory negligence. The study is based on
572 first instance decisions on contributory negligence from across
the United Kingdom decided between 2000 and 2016, and 129 appellate
decisions handed down in the same period. The analysis considers
the operation of the contributory negligence doctrine at first
instance and on appeal, and in a range of contextual settings,
including road accidents, accidents at work, and professional
negligence claims. The authors also consider how the study can be
used to inform future developments in this area of law. Substantial
appendices set out the key data on which the book is based,
enabling academics to utilize the dataset in their own research and
allowing practitioners to compare their cases easily with
previously decided claims.
There are two golden rules for the citation of legal authorities.
One is consistency. The other is consideration for the reader.
Legal writing is more persuasive when the author refers to legal
materials in a clear, consistent and familiar way. The Oxford
University Standard for Citation of Legal Authorities (OSCOLA)
helps authors to achieve consistency in citing cases, legislation
and secondary sources. And it helps authors to make life easier for
their readers. OSCOLA is widely used by law schools and legal
publishers both in the United Kingdom and abroad. This latest
revision of OSCOLA (the fourth edition) is the first to be
published in hard copy, and provides more detailed coverage of both
primary and secondary legal sources. The editors are Donal Nolan
and Sandra Meredith. Shortlisted for the Halsbury Legal Awards 2013
in the Award for Academic Contribution category.
The Kerry Way is Ireland's longest waymarked trail and one of the
most popular. Looping around the Iveragh Peninsula, it follows
narrow country roads, forest paths, abandoned coach roads and mass
paths, national park land and farmland. This clear and lively guide
gives the prospective wayfarer enough information to plan and enjoy
every step. It offers a detailed description of the trail plus
lively asides on geology, history, folklore, settlement, flora and
fauna. Above all, this guide will keep the reader from getting
lost. The trail description is broken down into sections from the
first step out of Killarney, through the high passes in the
MacGillycuddy's Reeks, into the splendour of the Ring of Kerry, and
back to Killarney. This guidebook is a light, lively guide to this
200km walk, with enough guidance, cultural background and natural
history to ensure the user stays on trackto arrive at their car,
hostel or B&B. Also available: 'Killarney to Valentia Island -
The Iveragh Peninsula: A Walking Guide' and 'The Dingle Peninsula:
A Walking Guide'
The leading work on the law of torts, Winfield and Jolowicz on Tort
provides the definitive guidance that students need in order to
excel. It is trusted by practitioners to provide clear and accurate
statements of the law. The leading textbook on the law of torts, it
provides students with definitive guidance Centred firmly on
English law but covers the significant developments in Commonwealth
countries and, where appropriate, European systems of tort law
Contains all of the latest case law and legislative developments
The publication of Scholars of Tort Law marks the beginning of a
long overdue rebalancing of private law scholarship. Instead of
concentrating on judicial decisions and academic commentary only
for what that commentary says about judicial decisions, the book
explores the contributions of scholars of tort law in their own
right. The work of a selection of leading scholars of tort law from
across the common law world, ranging from Thomas Cooley (1824-1898)
to Patrick Atiyah (1931-2018), is addressed by eminent current
scholars in the field. The focus of the contributions is on the
nature of the work produced by each of the scholars in question,
important influences on their work, and the influence which that
work in turn had on thinking about tort law. The process of
subjecting tort law scholarship to sustained analysis provides new
insights into the intellectual development of tort law and reveals
the important role played by scholars in that development. By
focusing on the work of influential tort scholars, the book serves
to emphasise the importance of legal scholarship to the development
of the common law more generally.
This collection is a significant contribution to debate about the
role of rights in private law. It includes essays by leading
private law scholars addressing fundamental questions about the
role of rights in private law as a whole and within particular
areas of private law. The collection includes contributions by
advocates and critics of rights-based approaches and provides a
thorough and balanced analysis of the relationship between rights
and private law.
The publication of Scholars of Tort Law marks the beginning of a
long overdue rebalancing of private law scholarship. Instead of
concentrating on judicial decisions and academic commentary only
for what that commentary says about judicial decisions, the book
explores the contributions of scholars of tort law in their own
right. The work of a selection of leading scholars of tort law from
across the common law world, ranging from Thomas Cooley (1824-1898)
to Patrick Atiyah (1931-2018), is addressed by eminent current
scholars in the field. The focus of the contributions is on the
nature of the work produced by each of the scholars in question,
important influences on their work, and the influence which that
work in turn had on thinking about tort law. The process of
subjecting tort law scholarship to sustained analysis provides new
insights into the intellectual development of tort law and reveals
the important role played by scholars in that development. By
focusing on the work of influential tort scholars, the book serves
to emphasise the importance of legal scholarship to the development
of the common law more generally.
In this collection, one of the key commentators on the modern law
of tort presents 12 of his most important articles and book
chapters. These are accompanied by an introductory chapter in which
the author comments on the impact and reception of the pieces that
make up the collection, and by a provocative new essay in which he
argues against strict product liability in the law of tort. A
coherent and compelling exploration of topical issues in core areas
of tort law, the collection is divided into 3 parts, dealing with
negligence; nuisance and Rylands v Fletcher; and tort in general.
The essays in this collection are a significant contribution to
debates about the limits and scope of tortious liability in common
law systems. Students, scholars and practitioners alike will find
it an invaluable resource for understanding tort law in the early
21st century.
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