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In this book leading scholars from the United Kingdom, the United
States and Australia challenge established common law rules and
suggest new approaches to both old and emerging problems in tort
law. Some of the chapters consider broad issues such as the
importance of flexibility over certainty in tort law, connections
between tort law and human flourishing and the indirect effects of
changes in tort law. Other chapters engage more specific topics
including the role of vindication in tort law, the relationship
between criminal law and tort law, the use of epidemiological
evidence in analysing causation, accessory liability in tort law,
the role of malice in intentional torts and the role of statutes in
tort law. They propose new approaches to contributory negligence,
emotional distress, loss of a chance, damages for nuisance, the
tort of conspiracy and vicarious liability. The chapters in this
book were originally presented at the Sixth Biennial Conference on
the Law of Obligations at Western University in London, Ontario in
July 2012. They will be highly useful to lawyers, judges and
scholars across the common law world.
This book is a collection of articles based on Understanding Unjust
Enrichment,a symposium held at the University of Western Ontario in
January 2003. The articles, written from the perspective of
English, Australian, Canadian, German and Jewish law, deal with
numerous theoretical and practical issues that surround restitution
and unjust enrichment. The articles outline recent developments
across the Commonwealth, explain the unjust enrichment principle
and its component parts, and address discrete issues such as
tracing, choice of law, disgorgement damages for breach of
contract, and the use of unjust enrichment in the cohabitation
context. The contributors are Kit Barker, Peter Benson, Jeffrey
Berryman, Michael Bryan, Andrew Burrows, Robert Chambers, Gerald
Fridman, Peter Jaffey, Dennis Klimchuk, Thomas Krebs, John McCamus,
Mitchell McInnes, Stephen Pitel, Stephen Waddams and Ernest
Weinrib.
In this book, leading scholars from Australia, Canada, Hong Kong,
New Zealand, Singapore, the United Kingdom and the United States
deal with important theoretical and practical issues in the law of
contract and closely-related areas of private law. The articles
analyse developments in the law of estoppel, mistake, undue
influence, the interpretation of contracts, assignment, exclusion
clauses and damages. The articles also address more theoretical
issues such as discerning the limits of contract law, the role of
principle in the development of contract doctrine and the morality
of promising. With its rich scope of contributors and topics,
Exploring Contract Law will be highly useful to lawyers, judges and
academics across the common law world. Contributors: Rick Bigwood,
Richard Bronaugh, Mindy Chen-Wishart, Helge Dedek, Gerald H L
Fridman, Mark P Gergen, Andrew S Gold, Kelvin F K Low, Jason W
Neyers, Stephen G A Pitel, Andrew Roberston, Stephen A Smith,
Robert Stevens, Andrew Tettenborn, Chee Ho Tham, Catherine Valcke,
Stephen Waddams, Charlie Webb. Foreword by Justice Ian Binnie of
the Supreme Court of Canada
In this book, articles by leading tort scholars from Australia,
Canada, Hong Kong, Israel, New Zealand, the United Kingdom and the
United States deal with important theoretical and practical issues
that are emerging in the law of torts. The articles analyse recent
leading developments in areas such as economic negligence,
causation, vicarious liability, non-delegable duty, breach of
statutory duty, intentional torts, damages, and tort law in the
family. They provide a foretaste of the issues that will face tort
law in the near future and offer critical viewpoints that should
not go unheeded. With its rich breadth of contributors and topics,
Emerging Issues in Tort Law will be highly useful to lawyers,
judges and academics across the common law world. Contributors:
Elizabeth Adjin-Tettey, Kumaralingam Amirthalingam, Peter Benson,
Vaughan Black, Peter Cane, Erika Chamberlain, Israel Gilead, Paula
Giliker, Rick Glofcheski, Lewis N Klar QC, Michael A Jones, Richard
Lewis, John Murphy, Jason W Neyers, Ken Oliphant, David F Partlett,
Stephen GA Pitel, Denise Reaume, Robert H Stevens, Andrew
Tettenborn, Stephen Todd, Shauna van Praagh, Stephen Waddams, David
R Wingfield, Richard W Wright.
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