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Vol 21 No 11 Nov/Dec 2016

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The Law of Obligations: Essays in Celebration of John Fleming

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Edited by: Peter Cane, Jane Stapleton

ISBN13: 9780198264842
ISBN: 0198264844
Published: February 2000
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £78.00



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The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

The late John Fleming, emeritus Professor of Law in the University of California at Berkeley, was the pre-eminent torts lawyer of the age; his Law of Torts has influenced generations of students and scholars, and remains a classic of legal literature.;In this volume, distinguished academics and judges from around the world pay tribute to him in a collection of essays which range widely across tort law, legal theory, legal history and comparative law.

Topics discussed include: tort and human rights; the duty of care in negligence; codification of the law of obligations in Europe; the basis of strict liability in particular and of responsibility generally in tort law; and aspects of products liability.;These stimulating essays have much to say about the past, present and future of the law of obligations and will be of great interest to scholars and lawyers of all legal systems.;From the editors' preface;John Fleming was one of the most influential writers on the law of torts and comparative law in the English-speaking world this century. His towering contribution to scholarship is evidenced not only by the great prestige his work attracts in academic circles but also by the frequency and high respect with which his work is cited by judges in appellate courts of many jurisdictions. The authors of this collection of essays on the law of obligations intend it as a tribute to his achievements.

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Subjects:
Tort Law
Contents:
An Appreciation of John Fleming
HUMAN RIGHTS
Tort and Human Rights
Human Rights and the Law of Torts
ASPECTS OF NEGLIGENCE
The Right of Spring
Duty of Care Factors: a Selection from the Judicial Menus
The Staggering March of Negligence
THEORETICAL PERSPECTIVES
Retribution, Proportionality and Moral Luck in Tort Law
Responsibility in Crime, Tort and Contract for the Unforeseeable Consequences of an Intentional Wrong: A Once and Future Rule?
Rylands v Fletcher, Negligence and Strict Liability
A EUROPEAN PERSPECTIVE
Towards a European Civil Code: The Duty of Good Faith
Reading Through a Foreign Judgment
Quieta Movere: Interpretative Change in a Codified System
PRODUCT LIABILITY
Some Thoughts about International Product Liability
The Smoking War and the Role of Tort Law
DELIVERING COMPENSATION
Traffic Accidents Compensation under Tort Law and under a Specific Law
The Collateral Source Rule Thirty Years On
A BIBLIOGRAPHY OF THE PUBLICATIONS OF JOHN GUNTHER FLEMING