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Vol 24 No 7 July/August 2019

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A Theory of Tort Liability (eBook)


ISBN13: 9781509903191
Published: June 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
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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, eBooks
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

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Legislation and Reform in the Law of Obligations ISBN 9781849463188
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Rationalising Constructive Trusts ISBN 9781509935161
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Reconceptualising Strict Liability for the Tort of Another ISBN 9781509917532
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Equity, Trusts and Commerce ISBN 9781509932184
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Equitable Compensation and Disgorgement of Profit ISBN 9781509931279
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£40.00
Negligence and Illegality ISBN 9781509929788
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£30.00
Private Law and Power ISBN 9781509929726
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Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment ISBN 9781509928880
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Comparative Law in Practice: Contract Law in a Mid-Channel Jurisdiction ISBN 9781509927531
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A Theory of Tort Liability ISBN 9781509926428
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