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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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A new edition is due, details can be seen here:
Tort Law and Human Rights 2nd ed isbn 9781841139074

Tort Law and Human Rights

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Jane WrightSenior Lecturer in Law and member of the Human Rights Centre, University of Essex

ISBN13: 9781841130354
ISBN: 1841130354
New Edition ISBN: 9781841139074
Published: October 2001
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £56.00

Despatched in 6 to 8 days.

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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Tort Law
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.