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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.
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
This book celebrates the scholarship of Peter Cane. The
significance and scale of his contributions to the discipline of
law over the last half-century cannot be overstated. In an era of
increasing specialisation, Cane stands out on account of the
unusually broad scope of his interests, which extend to both
private and public law in equal measure. This substantive breadth
is combined with remarkable doctrinal, historical, comparative and
theoretical depth. This book is written by admirers of Cane's work,
and the essays probe a wide range of issues, especially in
administrative law and tort law. Consistently with the
international prominence that Cane's research has enjoyed, the
contributors are drawn from across the common law world. The volume
will be of value to anyone who is interested in Cane's towering
contributions to legal scholarship and administrative law and tort
law more generally.
Does private law punish? This collection answers this complex but
compelling question. Lawyers from across the spectrum of the law
(contract, tort, restitution) explore exactly how it punishes wrong
doing. These leading voices ask whether that punishment is
effective and what its societal role might be. Taking the
discussion out of the technical and into a broader realms of a
wider purpose, it is both compelling and thought-provoking.
This volume explores the relationship between form and substance in
the law of obligations. It builds on the rich tradition of legal
thought that deploys the concepts of form and substance to inform
our understanding of the common law. The essays in this collection
offer multiple conceptions of form and substance and cover an array
of private law subjects, scholarly approaches and jurisdictions.
The collection makes it clear that the interplay between form and
substance is a key element of the dynamism that characterises this
area of the 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.
This book is the third in a series of essay collections on defences
in private law. It addresses defences to liability arising in
contract. The essays range from those adopting a predominantly
black-letter approach to others that examine the law from a more
theoretical or historical perspective. Some essays focus on
individual defences, while others are concerned with the links
between defences, or with how defences relate to the structure of
contract law generally. One goal of the book is to determine what
light can be shed on contract law doctrines by analysing them
through the lens of defences. The contributors - judges and
academics - are all leading jurists. The essays are addressed to
all of the major common law jurisdictions.
This book is the second in a series of essay collections on
defences in private law. It addresses defences to liability arising
in unjust enrichment. The essays are written from a range of
perspectives and methodologies. Some are doctrinal, others are
theoretical, and several offer comparative insights. The most
important defence in this area of the law, change of position, is
addressed in detail, but many other defences are treated too, as
well as the interrelations between these defences within the law of
unjust enrichment. The essays offer novel claims and ways of
looking at problems in this challenging area of legal study.
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Defences in Tort (Paperback)
Andrew Dyson, James Goudkamp, Frederick Wilmot-Smith
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R1,587
Discovery Miles 15 870
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Ships in 9 - 15 working days
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This book is the first in a series of essay collections on defences
in private law. It addresses defences to liability arising in tort.
The essays range from those adopting a primarily doctrinal approach
to others that examine the law from a more theoretical or
historical perspective. Some essays focus on individual defences,
while some are concerned with the links between defences, or with
how defences relate to the structure of tort law as a whole. A
number of the essays also draw upon concepts and literature that
have been developed mainly in relation to the criminal law, and
consider their application to tort law. The essays make several
original contributions to this complex, important but neglected
field of academic enquiry.
The law of torts recognises many defences to liability. While some
of these defences have been explored in detail, scant attention has
been given to the theoretical foundations of defences generally. In
particular, no serious attempt has been made to explain how
defences relate to each other or to the torts to which they
pertain. The goal of this book is to reduce the size of this
substantial gap in our understanding of tort law. The principal way
in which it attempts to do so is by developing a taxonomy of
defences. The book shows that much can be learned about a given
defence from the way in which it is classified. This new paperback
edition contains a substantial preface in which the author responds
to critics. Reviews 'James Goudkamp's book can rightly claim to be
the first serious attempt to examine tort law defences
systematically and it is a very important addition to the private
law canon ... [His] analysis is consistently thought-provoking ...
[T]his book will provide the framework for future analysis of all
private law defences'. Graham Virgo, The Cambridge Law Journal
'This book ... is the first sustained attempt in the modern law to
explore the theoretical foundations of the defences to liability
recognised by the law of tort and their interrelationship ... [It
is] an instant classic'. Ken Oliphant and Annette Morris, Yearbook
of European Tort Law 'James Goudkamp's Tort Law Defences fills a
startling gap in tort law scholarship... [It] provides an
impressive foundation for the future study of defences, and will
undoubtedly become the standard against which all other works are
measured'. Erika Chamberlain, Canadian Business Law Journal
This book is the second in a series of essay collections on
defences in private law. It addresses defences to liability arising
in unjust enrichment. The essays are written from a range of
perspectives and methodologies. Some are doctrinal, others are
theoretical, and several offer comparative insights. The most
important defence in this area of the law, change of position, is
addressed in detail, but many other defences are treated too, as
well as the interrelations between these defences within the law of
unjust enrichment. The essays offer novel claims and ways of
looking at problems in this challenging area of legal study.
The law of torts recognises many defences to liability. While some
of these defences have been explored in detail, scant attention has
been given to the theoretical foundations of defences generally. In
particular, no serious attempt has been made to explain how
defences relate to each other or to the torts to which they
pertain. The goal of this book is to reduce the size of this
substantial gap in our understanding of tort law. The principal way
in which it attempts to do so is by developing a taxonomy of
defences. The book shows that much can be learned about a given
defence from the way in which it is classified. This book has been
awarded Joint Second Prize for the 2014 Society of Legal Scholars
Peter Birks Prize for Outstanding Legal Scholarship.
This book celebrates the scholarship of Peter Cane. The
significance and scale of his contributions to the discipline of
law over the last half-century cannot be overstated. In an era of
increasing specialisation, Cane stands out on account of the
unusually broad scope of his interests, which extend to both
private and public law in equal measure. This substantive breadth
is combined with remarkable doctrinal, historical, comparative and
theoretical depth. This book is written by admirers of Cane’s
work, and the essays probe a wide range of issues, especially in
administrative law and tort law. Consistently with the
international prominence that Cane’s research has enjoyed, the
contributors are drawn from across the common law world. The volume
will be of value to anyone who is interested in Cane’s towering
contributions to legal scholarship and administrative law and tort
law more generally.
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 volume explores the relationship between form and substance in
the law of obligations. It builds on the rich tradition of legal
thought that deploys the concepts of form and substance to inform
our understanding of the common law. The essays in this collection
offer multiple conceptions of form and substance and cover an array
of private law subjects, scholarly approaches and jurisdictions.
The collection makes it clear that the interplay between form and
substance is a key element of the dynamism that characterises this
area of the law.
Does private law punish? This collection answers this complex but
compelling question. Lawyers from across the spectrum of the law
(contract, tort, restitution) explore exactly how it punishes wrong
doing. These leading voices ask whether that punishment is
effective and what its societal role might be. Taking the
discussion out of the technical and into a broader realms of a
wider purpose, it is both compelling and thought-provoking.
Punitive damages are private law’s most controversial remedy.
This book traces the development of the jurisdiction from the
foundational decisions of Huckle v Money and Wilkes v Wood in
England, to leading modern cases such as Harris v Digital Pulse Pty
Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG
(No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v
Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy
Lodging, Inc and State Farm Mutual Automobile Insurance Co v
Campbell in the United States. Many of the decisions addressed are
not only landmarks regarding punitive damages but are among the
most important judgments delivered in private law more generally.
The essays, which are written by leading scholars from a wide range
of jurisdictions, cast new light on the cases covered. They do so
by examining their historical antecedents and the impact that they
have had on the development of the law. The full spectrum of issues
regarding punitive damages is addressed including the insurability
of punishment, constitutional constraints on the remedy’s
availability and whether the award should be confined to particular
causes of action. The collection will be of interest to all
scholars and students of private law. It concentrates on common law
cases although civilian perspectives, drawn from France and
Germany, are also offered.
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Defences in Tort (Hardcover)
Andrew Dyson, James Goudkamp, Frederick Wilmot-Smith
|
R4,290
Discovery Miles 42 900
|
Ships in 12 - 17 working days
|
This book is the first in a series of essay collections on defences
in private law. It addresses defences to liability arising in tort.
The essays range from those adopting a primarily doctrinal approach
to others that examine the law from a more theoretical or
historical perspective. Some essays focus on individual defences,
while some are concerned with the links between defences, or with
how defences relate to the structure of tort law as a whole. A
number of the essays also draw upon concepts and literature that
have been developed mainly in relation to the criminal law, and
consider their application to tort law. The essays make several
original contributions to this complex, important but neglected
field of academic enquiry.
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.
Now in its ninth edition, Atiyah's Accidents, Compensation and the
Law explores the recent and continuous developments in personal
injury law by applying social context to the relevant legal
principles. Those principles remain in need of radical reform.
Updates to the text include discussion of the major changes to the
way compensation is calculated and claimed, evolving funding
arrangements for personal injury litigation, and dramatic shifts in
the claims management industry. Suitable for both undergraduate and
postgraduate students taking courses in tort law, this new edition
balances theory, practice and context. It draws on new legislation,
research and case law to offer the reader thought-provoking
examples and analysis.
This book is the fourth in a series of essay collections on
defences in private law. It addresses defences to liability arising
in equity. The essays range from those adopting a mainly doctrinal
perspective to others that explore the law from a more
philosophical perspective. Some essays concentrate on specific
defences, while others are concerned with the links between
defences, or with how defences relate to the structure of the law
of equity generally. One aim of the book is to shed light on
equitable doctrines by analysing them through the lens of defences.
The essays offer original contributions to this complex, important
but neglected field of scholarly investigation. The contributors -
judges, practitioners and academics - are all distinguished
jurists. The essays are addressed to all of the major common law
jurisdictions.
This book is the third in a series of essay collections on defences
in private law. It addresses defences to liability arising in
contract. The essays range from those adopting a predominantly
black-letter approach to others that examine the law from a more
theoretical or historical perspective. Some essays focus on
individual defences, while others are concerned with the links
between defences, or with how defences relate to the structure of
contract law generally. One goal of the book is to determine what
light can be shed on contract law doctrines by analysing them
through the lens of defences. The contributors - judges and
academics - are all leading jurists. The essays are addressed to
all of the major common law jurisdictions.
This book is the fourth in a series of essay collections on
defences in private law. It addresses defences to liability arising
in equity. The essays range from those adopting a mainly doctrinal
perspective to others that explore the law from a more
philosophical perspective. Some essays concentrate on specific
defences, while others are concerned with the links between
defences, or with how defences relate to the structure of the law
of equity generally. One aim of the book is to shed light on
equitable doctrines by analysing them through the lens of defences.
The essays offer original contributions to this complex, important
but neglected field of scholarly investigation. The contributors -
judges, practitioners and academics - are all distinguished
jurists. The essays are addressed to all of the major common law
jurisdictions.
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