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Vol 23 No 6 June/July 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Data protection handbook

Responsibility and Fault

ISBN13: 9781841133997
ISBN: 184113399X
Published: October 2002
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £21.99

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These original essays develop themes implicit in Herbert Hart and the author's ""Causation in the Law"". Why should we be held responsible for the harm we cause? Honore proposes a theory of responsibility - ""outcome responsibility"" - according to which, to be responsible, it is sufficient to have intervened in the world. To act and to be responsible is to assume certain risks, so that responsibility can be a matter of luck rather than fault or merit. Whether responsibility carries with it moral blame or legal liability is an important but secondary question

With the help of this theory he explains the moral basis of strict liability and of tort law in general; shows when there is a moral difference between positive acts and omissions; and indicates the extent to which the circumstances that cause a wrongdoer to do wrong should affect his responsibility.

1. Introduction
2. Responsibility and Luck. The Moral Basis of Strict Liability
3. Are Omissions less Culpable?
4. The Morality of Tort Law – Questions and Answers
5. Necessary and Sufficient Conditions in Tort Law
6. Being Responsible and Being a Victim of Circumstance
7. APPENDIX: Can and Can't