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Vol 22 No 11 Nov/Dec 2017

Book of the Month

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The Law of Contract Damages

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Tort Law and Human Rights 2nd ed isbn 9781841139074

Tort Law and Human Rights

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ISBN13: 9781841130354
ISBN: 1841130354
New Edition ISBN: 9781841139074
Published: October 2001
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: Out of print



Common law principles need to be re-evaluated in the light of the Human Rights Act for two reasons. First, to ascertain whether those principles comply with Convention standards as laid down in the ECHR and interpreted by the Strasbourg organs. Secondly, to determine the extent to which tort principles may be shaped to achieve this goal. In this book, the author pursues this objective by analyzing the effect of the Act, including the issue of horizontality, and then evaluating and juxtaposing principles of tort law and ECHR jurisprudence in order to consider whether the approach of the English courts measures up to the European standard. Generally, the ECHR does not prescribe how states should meet their treaty obligations and the book therefore considers, where appropriate, the possibility of remedies other than tort principles as a means of meeting the UK's obligations. Thus, the book examines whether the principles of tort law, considered in the light of other remedies, are likely to be the mechanisms for the implementation of human rights standards.

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Subjects:
Tort Law
Contents:
Introduction
the Human Rights Act 1998
the European Convention on Human Rights - its application and interpretation
the duty of care and compatibility with Article 6 of the Convention
positive obligations, omissions and the convention - should English law recognise a duty to rescue/warn?
defamation and freedom of expression
privacy
environmental protection, the Convention and private nuisance
appendix - Schedule 1 to the Human Rights Act 1998.