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Vol 23 No 5 May/June 2018

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Tort Law: Challenging Orthodoxy

Edited by: Stephen G. A. Pitel, Jason W. Neyers

ISBN13: 9781849464710
Published: October 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00

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In this book, leading scholars from the United Kingdom, the United States and Australia challenge established common law rules and suggest new approaches to both old and emerging problems in tort law.

Some of the articles consider broad issues such as the importance of flexibility over certainty in tort law, connections between tort law and human flourishing and the indirect effects of changes in tort law.

Other articles engage more specific topics including the role of vindication in tort law, the relationship between criminal law and tort law, the use of epidemiological evidence in analysing causation, accessory liability in tort law, the role of malice in intentional torts and the role of statutes in tort law.

They propose new approaches to contributory negligence, emotional distress, loss of a chance, damages for nuisance, the tort of conspiracy and vicarious liability.

The articles in this book were originally presented at the Sixth Biennial Conference on the Law of Obligations at Western University in London, Ontario in July 2012. They will be highly useful to lawyers, judges and scholars across the common law world.

Tort Law
1. Against Certainty in Tort Law Ken Oliphant
2. Tort Law and Human Flourishing Nicholas J McBride
3. Private and Public: The Mixed Concept of Vindication in Torts and Private Law Kit Barker
4. 'We Do This in the Criminal Law and That in the Law of Tort': A New Fusion Debate Graham Virgo
5. Challenging the Orthodoxy of Crime's Precedence over Tort: Suspending a Tort Claim Where a Crime May Exist Matthew Dyson
6. Legislative Challenges to Orthodoxy James Lee
7. Statutes and Civil Liability in the Commonwealth and the United States: A Comparative Critique Neil Foster
8. The 'Doubles the Risk' Test for Causation and Other Related Judicial Misconceptions about Epidemiology Claire McIvor
9. Rationalising Loss of a Chance in Tort Sandy Steel
10. When is Emotional Distress Harm? Gregory C Keating
11. Rethinking Contributory Negligence James Goudkamp
12. Nuisance Law and Damages in Lieu of an Injunction: Challenging the Orthodoxy of the Shelfer Criteria Mark L Wilde
13. The Tort of Conspiracy as a Can of Worms Hazel Carty
14. Aid, Abet, Counsel or Procure? Paul S Davies
15. 'That Unhappy Expression': Malice at the Margins Elspeth Reid
16. Dissociating the Two Forms of So-Called 'Vicarious Liability' Christine Beuermann