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Vol 21 No 10 Oct/Nov 2016

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A Theory of Tort Liability


ISBN13: 9781509903184
Published: June 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £55.00



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This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights.

Inspired by the account of private law contained in Immanuel Kant's Metaphysics of Morals, the books shows that Kant's theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law.

The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues that there are three general kinds of liability found inthe law of tort: liability for putting another or another's property to one's purposes directly, liability for doing something to a third party that puts another or another's property to one's purposes, and liability for pursuing purposes in a way that improperly interferes with the ability of another to pursue her legitimate purposes.

It terms these forms liability for direct control, liability for indirect control and liability for injury respectively. The result is a coherent, philosophical understanding of the structure of tort liability as an entire system. In developing its position, the book considers the laws of Australia, Canada, England and Wales, New Zealand and the United States.

Subjects:
Tort Law
Contents:
Introduction

Part I: Foundations
1. Moral Foundations
2. The General Theory of Liability
3. The Form of Liability in Tort Law

Part II: Direct Control
4. Battery and Trespass to Property
5. Trespass in General
6. Defences to Trespass
7. Deceit

Part III: Indirect Control
8. The Economic Torts in the Commonwealth: The Conventional View
9. Reconceptualising the Economic Torts
10. Interference with Contract in the US
11. Injurious Falsehood and Malicious Prosecution

Part IV: Injury
12. The Law of NegligencePart V: Miscellaneous Issues Involving Control, Injury and Loss
13. The Law of Defamation
14. The Mind
15. Patient Consent and the Right to Self-determination
16. Conclusion

Series: Hart Studies in Private Law

Resulting Trusts ISBN 9781849465489
To be published June 2018
Hart Publishing
£80.00
Accessory Liability ISBN 9781509914104
To be published March 2017
Hart Publishing
£29.99
Equitable Compensation and Disgorgement of Profit ISBN 9781509901456
To be published February 2017
Hart Publishing
£80.00
Negligence and Illegality ISBN 9781509906666
To be published December 2016
Hart Publishing
£60.00
Private Law in the 21st Century ISBN 9781509908585
To be published December 2016
Hart Publishing
£110.00
A Theory of Tort Liability (eBook) ISBN 9781509903191
Published June 2016
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
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Tort Law Defences ISBN 9781509905027
Published April 2016
Hart Publishing
£30.00
Evidential Uncertainty in Causation in Negligence ISBN 9781849467049
Published March 2016
Hart Publishing
£55.00
Evidential Uncertainty in Causation in Negligence (eBook) ISBN 9781509900336
Published March 2016
Hart Publishing
£45.82 + £9.17 VAT
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Defences in Unjust Enrichment ISBN 9781849467254
Published January 2016
Hart Publishing
£75.00
Defences in Unjust Enrichment (eBook) ISBN 9781782256359
Published January 2016
Hart Publishing
£62.49 + £12.50 VAT
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Contractual Indemnities ISBN 9781509905010
Published December 2015
Hart Publishing
£35.00
£54.16 + £10.83 VAT
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Accessory Liability ISBN 9781849462877
Published January 2015
Hart Publishing
£58.00
Accessory Liability (eBook) ISBN 9781849469579
Published January 2015
Hart Publishing
£45.82 + £9.17 VAT
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Contractual Indemnities ISBN 9781849462907
Published April 2014
Hart Publishing
£75.00
Contractual Indemnities (eBook) ISBN 9781782253891
Published April 2014
Hart Publishing
£29.16 + £5.83 VAT
(ePub)
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Law of Private Nuisance (eBook) ISBN 9781782253402
Published September 2013
Hart Publishing
£29.16 + £5.83 VAT
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Law of Private Nuisance ISBN 9781849465069
Published September 2013
Hart Publishing
£38.00
Iniuria and the Common Law ISBN 9781849465038
Published August 2013
Hart Publishing
£55.00
Iniuria and the Common Law (eBook) ISBN 9781782253389
Published August 2013
Hart Publishing
£41.66 + £8.33 VAT
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Tort Law Defences (eBook) ISBN 9781782251897
Published July 2013
Hart Publishing
£24.99 + £5.00 VAT
(ePub)
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Tort Law Defences ISBN 9781849462914
Published July 2013
Hart Publishing
£63.00
£54.16 + £10.83 VAT
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Restitution of Overpaid Tax (eBook) ISBN 9781782251224
Published April 2013
Hart Publishing
£83.32 + £16.67 VAT
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Restitution of Overpaid Tax ISBN 9781849461733
Published April 2013
Hart Publishing
£110.00
Informal Carers and Private Law (eBook) ISBN 9781782250470
Published December 2012
Hart Publishing
£58.33 + £11.66 VAT
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Informal Carers and Private Law ISBN 9781849462815
Published December 2012
Hart Publishing
£70.00
Enrichment in the Law of Unjust Enrichment and Restitution ISBN 9781849463294
Published July 2012
Hart Publishing
£75.00
Enrichment in the Law of Unjust Enrichment and Restitution (eBook) ISBN 9781847319722
Published July 2012
Hart Publishing
£62.49 + £12.50 VAT
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£49.99 + £10.00 VAT
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Accounting for Profit for Breach of Contract: Theory and Practice ISBN 9781849462518
Published May 2012
Hart Publishing
£63.00