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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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Environmental Protection and the Common Law

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Edited by: John Lowry, Rod Edmunds

ISBN13: 9781901362930
ISBN: 1901362930
Published: June 2000
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £54.00

Low stock.

Within the broad framework of the common law of tort, the torts of nuisance and the rule in ""Rylands v. Fletcher"" are central to the protection of the rights of landowners to use and enjoy their land without unreasonable interference, and to be free from material damage to their interests. Negligence actions can also serve to promote the protection of personal and property interests. Yet toxic torts are often seen as being beset by theoretical and practical drawbacks. Overall, there are serious concerns about the continued value of common law principles as an effective and coherent system that is geared to protecting the environment. Environmental law is increasingly developing its own statutory regimes to address a range of environmental problems. This accentuates the sense in which the aims and reach of these two different branches of the law appear to be diverging. Questions inevitably arise about the interrelationship between the private law sphere of tort and public regulatory schemes.;The contributors to this volume of essays include academics in the relevant fields of public and private law. While the essays are broadly based, the focus of the book is on the challenges posed by accommodating tort with environmental law.

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Environmental Law
Victorian foundations?, Raymond Cocks
nuisance, the morality of neighbourliness and environmental protection, James Penner
controlling atmospheric pollution - a test case for tort, John Murphy
from the individual to the environmental - tort law in turbulence, Robert G. Lee
tort and environmental pluralism, Keith Stanton and Christine Willmore
statutory liability for contaminated land - failure of the common law?, Owen McIntyre
nuisance and environmental protection, Karen Morrow
marking the boundary - the relationship between private nuisance, negligence and fault, Paula Giliker
stigma damages, amenity and the margins of economic loss - quantifying perceptions and rears, John Lowry and Rod Edmunds
towards a European tort law on the environment? European Union initiatives and developments on civil liability in respect of environmental harm, Martin Hedemann-Robinson and Mark Wilde
environmental protection and the role of the common law - a Scottish perspective, Jeremy Rowan-Robinson and Donna McKenzie-Skene.