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Vol 22 No 9 Sept/Oct 2017

Book of the Month

Cover of Corruption and Misuse of Public Office

Corruption and Misuse of Public Office

Price: £225.00

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Negligence and Illegality


ISBN13: 9781509906666
Published: January 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00



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Also available as
£49.99
+ £10.00 VAT

This book examines claims for compensation for negligently-inflicted harm connected to an illegal act of the plaintiff. A variety of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory doctrine.

The book examines the illegality doctrine within a framework of corrective justice theory. Illegality doctrine poses particular difficulties for the corrective justice explanation of negligence law, especially where the basis for denial of relief is based on public policy considerations that are external to the relationship of the parties.

The book argues that the only legitimate rationale for a doctrine of illegality is the legal policy of preserving the coherence of the legal system. In so doing it develops the work of Ernest Weinrib and Allan Beever to explain both how the 'policy' objective of legal coherence fits within the framework of corrective justice theory, and why legal coherence provides the only valid conceptual basis for a doctrine of illegality.

Subjects:
Criminal Law, Tort Law
Contents:
1. Introduction
2. Theoretical Perspectives
3. The Tort–Crime Interface
4. Policy and Discretion
5. The Connection Tests
6. Overview of the Coherence Rationale
7. Statutory Purpose
8. No Loss or Damage: Sanction-shifting and Related Claims
9. No Loss or Damage: Illegal Profits and Earnings
10. A Relational Explanation: Joint Illegal Enterprise Cases
11. Conclusion

Series: Hart Studies in Private Law

Resulting Trusts ISBN 9781849465489
To be published November 2018
Hart Publishing
£80.00
Legislation and Reform in the Law of Obligations ISBN 9781849463188
To be published October 2018
Hart Publishing
£70.00
The Irreducible Core of the Trust ISBN 9781782257172
To be published August 2018
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£60.00
The Duty of Care in Negligence ISBN 9781509914845
To be published February 2018
Hart Publishing
£55.00
The Law of Misstatements: 50 Years On from Hedley Byrne v Heller ISBN 9781509917679
To be published November 2017
Hart Publishing
£34.99
Money Awards in Contract Law ISBN 9781509917051
Published September 2017
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£27.99
Rationalising Constructive Trusts (eBook) ISBN 9781509917075
Published September 2017
Hart Publishing
£74.99 + £15.00 VAT
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Rationalising Constructive Trusts ISBN 9781849465960
Published September 2017
Hart Publishing
£90.00
Causation in Negligence ISBN 9781509905034
Published August 2017
Hart Publishing
£24.99
Accessory Liability ISBN 9781509914104
Published May 2017
Hart Publishing
£29.99
Equity, Trusts and Commerce (eBook) ISBN 9781509907304
Published May 2017
Hart Publishing
£70.82 + £14.17 VAT
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Equity, Trusts and Commerce ISBN 9781509907298
Published May 2017
Hart Publishing
£85.00
Equitable Compensation and Disgorgement of Profit ISBN 9781509901456
Published April 2017
Hart Publishing
£80.00
Equitable Compensation and Disgorgement of Profit (eBook) ISBN 9781509901463
Published April 2017
Hart Publishing
£66.66 + £13.33 VAT
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Tort Law and Human Rights 2nd ed (eBook) ISBN 9781509913176
Published February 2017
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
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Tort Law and Human Rights 2nd ed ISBN 9781841139074
Published February 2017
Hart Publishing
£75.00
Negligence and Illegality (eBook) ISBN 9781509906673
Published January 2017
Hart Publishing
£49.99 + £10.00 VAT
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Private Law in the 21st Century ISBN 9781509908585
Published January 2017
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£110.00
Private Law in the 21st Century (eBook) ISBN 9781509908592
Published January 2017
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£91.66 + £18.33 VAT
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Private Law and Power ISBN 9781509905997
Published January 2017
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£75.00
Private Law and Power (eBook) ISBN 9781509906000
Published January 2017
Hart Publishing
£62.49 + £12.50 VAT
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Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment ISBN 9781782258391
Published October 2016
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£60.00
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£70.00
£58.33 + £11.66 VAT
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A Theory of Tort Liability ISBN 9781509903184
Published June 2016
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£55.00
A Theory of Tort Liability (eBook) ISBN 9781509903191
Published June 2016
Hart Publishing
£41.66 + £8.33 VAT
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Tort Law Defences ISBN 9781509905027
Published April 2016
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£30.00
Evidential Uncertainty in Causation in Negligence (eBook) ISBN 9781509900336
Published March 2016
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£45.82 + £9.17 VAT
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Evidential Uncertainty in Causation in Negligence ISBN 9781849467049
Published March 2016
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£55.00
Defences in Unjust Enrichment (eBook) ISBN 9781782256359
Published January 2016
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£66.66 + £13.33 VAT
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Defences in Unjust Enrichment ISBN 9781849467254
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£80.00
Contractual Indemnities ISBN 9781509905010
Published December 2015
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£38.99
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Money Awards in Contract Law ISBN 9781849464574
Published June 2015
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£55.00
Money Awards in Contract Law (eBook) ISBN 9781782252962
Published June 2015
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£41.66 + £8.33 VAT
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Accessory Liability (eBook) ISBN 9781849469579
Published January 2015
Hart Publishing
£24.99 + £5.00 VAT
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Accessory Liability ISBN 9781849462877
Published January 2015
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£65.00
Causation in Negligence ISBN 9781849463317
Published December 2014
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£60.00
Causation in Negligence (eBook) ISBN 9781782255215
Published December 2014
Hart Publishing
£20.82 + £4.17 VAT
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Contractual Indemnities ISBN 9781849462907
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£90.00
Contractual Indemnities (eBook) ISBN 9781782253891
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Hart Publishing
£32.49 + £6.50 VAT
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The Europeanisation of English Tort Law (eBook) ISBN 9781782253808
Published March 2014
Hart Publishing
£41.66 + £8.33 VAT
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The Europeanisation of English Tort Law ISBN 9781849463195
Published March 2014
Hart Publishing
£50.00
Law of Private Nuisance ISBN 9781849465069
Published September 2013
Hart Publishing
£40.00
Law of Private Nuisance (eBook) ISBN 9781782253402
Published September 2013
Hart Publishing
£33.32 + £6.67 VAT
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Iniuria and the Common Law (eBook) ISBN 9781782253389
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£49.99 + £10.00 VAT
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Iniuria and the Common Law ISBN 9781849465038
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£60.00
Tort Law Defences ISBN 9781849462914
Published July 2013
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£70.00
Tort Law Defences (eBook) ISBN 9781782251897
Published July 2013
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£24.99 + £5.00 VAT
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£54.16 + £10.83 VAT
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Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer ISBN 9781849462235
Published July 2013
Hart Publishing
£65.00
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Restitution of Overpaid Tax ISBN 9781849461733
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£120.00
Restitution of Overpaid Tax (eBook) ISBN 9781782251224
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Hart Publishing
£99.99 + £20.00 VAT
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Informal Carers and Private Law ISBN 9781849462815
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£75.00
Informal Carers and Private Law (eBook) ISBN 9781782250470
Published December 2012
Hart Publishing
£62.49 + £12.50 VAT
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Enrichment in the Law of Unjust Enrichment and Restitution (eBook) ISBN 9781847319722
Published July 2012
Hart Publishing
£70.82 + £14.17 VAT
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Enrichment in the Law of Unjust Enrichment and Restitution ISBN 9781849463294
Published July 2012
Hart Publishing
£85.00
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Accounting for Profit for Breach of Contract: Theory and Practice ISBN 9781849462518
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£70.00
Fault Lines in Equity ISBN 9781849462198
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£85.00
Fault Lines in Equity (eBook) ISBN 9781847319449
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