Wildy logo
(020) 7242 5778

Wildy’s Book News

Book News cover photo

Vol 23 No 5 May/June 2018

Book of the Month

Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

Price: £110.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


Lowe legislation jp
Sealy millman 2018 jp
Desmith out now
Luba housing

Torts, Egalitarianism and Distributive Justice

Image not available lge

ISBN13: 9780754646532
Published: August 2007
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: Out of print

Argues, from a normative perspective, for the incorporation of an egalitarian sensitivity into tort law, and more generally, into private law. This book shows how an egalitarian sensitivity can reformulate tort doctrine, with an emphasis on the tort of negligence.

Image not available lge
Tort Law
Theoretical Framework: Distributive justice
Tort law
Pulling the threads together. Normative Defence: Illegitimacy
Excessive cost
Ineffectiveness. Applicatory Framework: The regressive nature of existing tort law
Levels of operation
Multiplicity of participants and entitlements
Direction of distributive result
Balancing egalitarianism with other policy considerations. Standard of Care: Insights from other approaches
Normative defence
Standard or duty?
Reformulating the standard of care
How does it work?
Incongruity with existing tort law. Duty of Care: The effects of egalitarianism on duty of care
Possible solutions to the problem of maternal prenatal duty
The egalitarian case against unconditional duty
Conditional duty. Discrimination as Negligence: Negligence and alternative responses to discrimination
The institutional inquiry
The conceptual and normative inquiries