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A Theory of Tort Liability


ISBN13: 9781509926428
Published: December 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2016)
Price: £32.99
Hardback edition , ISBN13 9781509903184



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights.

Inspired by the account of private law contained in Immanuel Kant's Metaphysics of Morals, the books shows that Kant's theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law.

The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues that there are three general kinds of liability found inthe law of tort: liability for putting another or another's property to one's purposes directly, liability for doing something to a third party that puts another or another's property to one's purposes, and liability for pursuing purposes in a way that improperly interferes with the ability of another to pursue her legitimate purposes.

It terms these forms liability for direct control, liability for indirect control and liability for injury respectively. The result is a coherent, philosophical understanding of the structure of tort liability as an entire system. In developing its position, the book considers the laws of Australia, Canada, England and Wales, New Zealand and the United States.

Subjects:
Tort Law
Contents:
Introduction

Part I: Foundations
1. Moral Foundations
2. The General Theory of Liability
3. The Form of Liability in Tort Law

Part II: Direct Control
4. Battery and Trespass to Property
5. Trespass in General
6. Defences to Trespass
7. Deceit

Part III: Indirect Control
8. The Economic Torts in the Commonwealth: The Conventional View
9. Reconceptualising the Economic Torts
10. Interference with Contract in the US
11. Injurious Falsehood and Malicious Prosecution

Part IV: Injury
12. The Law of NegligencePart V: Miscellaneous Issues Involving Control, Injury and Loss
13. The Law of Defamation
14. The Mind
15. Patient Consent and the Right to Self-determination
16. Conclusion

Series: Hart Studies in Private Law

Legislation and Reform in the Law of Obligations ISBN 9781849463188
To be published July 2030
Hart Publishing
£70.00
Resulting Trusts ISBN 9781849465489
To be published May 2029
Hart Publishing
£80.00
Rethinking Medical Negligence ISBN 9781509937790
To be published August 2028
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£80.00
The Irreducible Core of the Trust ISBN 9781782257172
To be published May 2028
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£60.00
Explaining Conscience in Private Law ISBN 9781509933648
To be published April 2025
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£75.00
Data and Private Law ISBN 9781509966066
To be published March 2025
Hart Publishing
£44.99
Justice in Private Law ISBN 9781509953929
To be published March 2025
Hart Publishing
£41.99
Understanding Private Law: Essays in Honour of Stephen A. Smith ISBN 9781509971152
To be published January 2025
Hart Publishing
£100.00
Life and Death in Private Law ISBN 9781509969326
To be published December 2024
Hart Publishing
£85.00
Good Faith and Relational Contracts: Theory, Practice and Future Developments ISBN 9781509973057
To be published October 2024
Hart Publishing
£90.00
Subrogation and Marshalling ISBN 9781509969227
To be published October 2024
Hart Publishing
£85.00
The Commercial Uses of Trusts: Rethinking the Traditional Approach ISBN 9781509974054
To be published October 2024
Hart Publishing
£85.00
Vicarious Liability in the Common Law World
Edited by: Paula Giliker
ISBN 9781509963331
Published April 2024
Hart Publishing
£41.99
£81.00
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Data and Private Law ISBN 9781509966028
Published December 2023
Hart Publishing
£95.00
Data and Private Law (eBook) ISBN 9781509966035
Published December 2023
Hart Publishing
£85.50
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Justice in Private Law (eBook) ISBN 9781509953899
Published August 2023
Hart Publishing
£76.50
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Justice in Private Law ISBN 9781509953882
Published August 2023
Hart Publishing
£85.00
Corporate Attribution in Private Law ISBN 9781509941827
Published June 2023
Hart Publishing
£41.99
Economic Torts and Economic Wrongs ISBN 9781509954506
Published June 2023
Hart Publishing
£41.99
The Province and Politics of the Economic Torts ISBN 9781509955480
Published June 2023
Hart Publishing
£41.99
Punishment and Private Law ISBN 9781509949465
Published January 2023
Hart Publishing
£49.99
The Evolution from Strict Liability to Fault in the Law of Torts ISBN 9781509947126
Published October 2022
Hart Publishing
£42.99
Vicarious Liability in the Common Law World (eBook)
Edited by: Paula Giliker
ISBN 9781509939084
Published October 2022
Hart Publishing
£37.79
(ePub)
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Justifying Private Rights ISBN 9781509944620
Published October 2022
Hart Publishing
£41.99
Vicarious Liability in the Common Law World
Edited by: Paula Giliker
ISBN 9781509939077
Published October 2022
Hart Publishing
£90.00
Unexpected Consequences of Compensation Law ISBN 9781509943678
Published March 2022
Hart Publishing
£36.99
Corporate Attribution in Private Law (eBook) ISBN 9781509941360
Published February 2022
Hart Publishing
£37.79
(ePub)
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Corporate Attribution in Private Law ISBN 9781509941353
Published February 2022
Hart Publishing
£90.00
A Unified Approach to Contract Interpretation ISBN 9781509944408
Published January 2022
Hart Publishing
£41.99
Contents of Commercial Contracts: Terms Affecting Freedoms ISBN 9781509945382
Published January 2022
Hart Publishing
£54.99
Economic Torts and Economic Wrongs ISBN 9781509934751
Published December 2021
Hart Publishing
£90.00
Economic Torts and Economic Wrongs (eBook) ISBN 9781509934768
Published December 2021
Hart Publishing
£37.79
(ePub)
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Punishment and Private Law (eBook) ISBN 9781509939169
Published July 2021
Hart Publishing
£44.99
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Punishment and Private Law ISBN 9781509939152
Published July 2021
Hart Publishing
£130.00
Reconceptualising Strict Liability for the Tort of Another ISBN 9781509952199
Published June 2021
Hart Publishing
£33.99
Apportionment in Private Law ISBN 9781509944941
Published February 2021
Hart Publishing
£44.99
The Evolution from Strict Liability to Fault in the Law of Torts (eBook) ISBN 9781509941001
Published February 2021
Hart Publishing
£38.69
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The Evolution from Strict Liability to Fault in the Law of Torts ISBN 9781509940998
Published February 2021
Hart Publishing
£95.00
The Impact of Equity and Restitution in Commerce ISBN 9781509944934
Published February 2021
Hart Publishing
£44.99
Justifying Private Rights (eBook) ISBN 9781509931965
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£37.79
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Justifying Private Rights ISBN 9781509931958
Published February 2021
Hart Publishing
£95.00
Illegality after Patel v Mirza ISBN 9781509943593
Published October 2020
Hart Publishing
£54.99
Unexpected Consequences of Compensation Law (eBook) ISBN 9781509928002
Published September 2020
Hart Publishing
£33.29
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Unexpected Consequences of Compensation Law ISBN 9781509927999
Published September 2020
Hart Publishing
£90.00
A Unified Approach to Contract Interpretation (eBook) ISBN 9781509927586
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Hart Publishing
£37.79
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£49.49
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£140.00
A Unified Approach to Contract Interpretation ISBN 9781509927579
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Rationalising Constructive Trusts ISBN 9781509935161
Published January 2020
Hart Publishing
£64.99
Reconceptualising Strict Liability for the Tort of Another ISBN 9781509917532
Published November 2019
Hart Publishing
£80.00
Reconceptualising Strict Liability for the Tort of Another (eBook) ISBN 9781509917549
Published November 2019
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£30.59
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Equity, Trusts and Commerce (eBook) ISBN 9781509907304
Published September 2019
Hart Publishing
£40.49
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Equity, Trusts and Commerce ISBN 9781509932184
Published September 2019
Hart Publishing
£44.99
Equitable Compensation and Disgorgement of Profit ISBN 9781509931279
Published August 2019
Hart Publishing
£44.99
Equitable Compensation and Disgorgement of Profit (eBook) ISBN 9781509901463
Published August 2019
Hart Publishing
£40.49
(ePub)
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Negligence and Illegality ISBN 9781509929788
Published June 2019
Hart Publishing
£34.99
Private Law and Power ISBN 9781509929726
Published May 2019
Hart Publishing
£44.99
£31.49
(ePub)
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Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment ISBN 9781509928880
Published April 2019
Hart Publishing
£34.99
Comparative Law in Practice: Contract Law in a Mid-Channel Jurisdiction ISBN 9781509927531
Published February 2019
Hart Publishing
£39.99
Apportionment in Private Law ISBN 9781509917501
Published December 2018
Hart Publishing
£100.00
The Impact of Equity and Restitution in Commerce ISBN 9781509915644
Published November 2018
Hart Publishing
£100.00
The Impact of Equity and Restitution in Commerce (eBook) ISBN 9781509915668
Published November 2018
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£40.49
(ePub)
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Evidential Uncertainty in Causation in Negligence ISBN 9781509924486
Published November 2018
Hart Publishing
£33.99
Vicarious Liability: Critique and Reform (eBook) ISBN 9781509920242
Published September 2018
Hart Publishing
£35.09
(ePub)
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Vicarious Liability: Critique and Reform ISBN 9781509920235
Published September 2018
Hart Publishing
£90.00
Illegality after Patel v Mirza (eBook) ISBN 9781509912780
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Hart Publishing
£49.49
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Illegality after Patel v Mirza ISBN 9781509912773
Published June 2018
Hart Publishing
£120.00
Defences in Unjust Enrichment ISBN 9781509921102
Published April 2018
Hart Publishing
£49.99
The Duty of Care in Negligence (eBook) ISBN 9781509914869
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£26.09
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The Duty of Care in Negligence ISBN 9781509914845
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£33.99
Rationalising Constructive Trusts ISBN 9781849465960
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£130.00
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£58.49
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Causation in Negligence ISBN 9781509905034
Published August 2017
Hart Publishing
£31.99
Accessory Liability ISBN 9781509914104
Published May 2017
Hart Publishing
£37.99
Equity, Trusts and Commerce ISBN 9781509907298
Published May 2017
Hart Publishing
£120.00
Equitable Compensation and Disgorgement of Profit ISBN 9781509901456
Published April 2017
Hart Publishing
£120.00
Tort Law and Human Rights 2nd ed (eBook) ISBN 9781509913176
Published February 2017
Hart Publishing
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Tort Law and Human Rights 2nd ed ISBN 9781841139074
Published February 2017
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£130.00
Private Law in the 21st Century ISBN 9781509908585
Published January 2017
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Negligence and Illegality ISBN 9781509906666
Published January 2017
Hart Publishing
£90.00
Negligence and Illegality (eBook) ISBN 9781509906673
Published January 2017
Hart Publishing
£31.49
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Published January 2017
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Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment ISBN 9781782258391
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Special offer (limited stock)
£90.00
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Comparative Law in Practice: Contract Law in a Mid-Channel Jurisdiction ISBN 9781782257219
Published October 2016
Hart Publishing
£95.00
A Theory of Tort Liability ISBN 9781509903184
Published August 2016
Hart Publishing
£85.00
A Theory of Tort Liability (eBook) ISBN 9781509903191
Published August 2016
Hart Publishing
£29.69
(ePub)
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Tort Law Defences ISBN 9781509905027
Published June 2016
Hart Publishing
£37.99
Evidential Uncertainty in Causation in Negligence (eBook) ISBN 9781509900336
Published May 2016
Hart Publishing
£30.59
(ePub)
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Evidential Uncertainty in Causation in Negligence ISBN 9781849467049
Published May 2016
Hart Publishing
£85.00
Defences in Unjust Enrichment ISBN 9781849467254
Published January 2016
Hart Publishing
£120.00
Defences in Unjust Enrichment (eBook) ISBN 9781782256359
Published January 2016
Hart Publishing
£44.99
(ePub)
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Contractual Indemnities ISBN 9781509905010
Published December 2015
Hart Publishing
£49.99
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Published June 2015
Hart Publishing
£30.59
(ePub)
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Money Awards in Contract Law ISBN 9781849464574
Published June 2015
Hart Publishing
£85.00
Accessory Liability (eBook) ISBN 9781849469579
Published February 2015
Hart Publishing
£34.19
(ePub)
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Accessory Liability ISBN 9781849462877
Published February 2015
Hart Publishing
£95.00
Causation in Negligence ISBN 9781849463317
Published January 2015
Hart Publishing
£95.00
Causation in Negligence (eBook) ISBN 9781782255215
Published January 2015
Hart Publishing
£28.79
(ePub)
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Contractual Indemnities ISBN 9781849462907
Published April 2014
Hart Publishing
£150.00
Contractual Indemnities (eBook) ISBN 9781782253891
Published April 2014
Hart Publishing
£44.99
(ePub)
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The Europeanisation of English Tort Law ISBN 9781849463195
Published March 2014
Hart Publishing
Price on Application
The Europeanisation of English Tort Law (eBook) ISBN 9781782253808
Published March 2014
Hart Publishing
Price on Application
(ePub)
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Law of Private Nuisance (eBook) ISBN 9781782253402
Published September 2013
Hart Publishing
£63.00
(ePub)
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Law of Private Nuisance ISBN 9781849465069
Published September 2013
Hart Publishing
£70.00
Iniuria and the Common Law ISBN 9781849465038
Published August 2013
Hart Publishing
£90.00
Iniuria and the Common Law (eBook) ISBN 9781782253389
Published August 2013
Hart Publishing
£81.00
(ePub)
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Tort Law Defences (eBook) ISBN 9781782251897
Published July 2013
Hart Publishing
£34.19
(ePub)
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Tort Law Defences ISBN 9781849462914
Published July 2013
Hart Publishing
£95.00
£85.50
(ePub)
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Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer ISBN 9781849462235
Published July 2013
Hart Publishing
£95.00
Restitution of Overpaid Tax (eBook) ISBN 9781782251224
Published April 2013
Hart Publishing
£171.00
(ePub)
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Restitution of Overpaid Tax ISBN 9781849461733
Published April 2013
Hart Publishing
£190.00
Informal Carers and Private Law ISBN 9781849462815
Published December 2012
Hart Publishing
£100.00
Informal Carers and Private Law (eBook) ISBN 9781782250470
Published December 2012
Hart Publishing
£90.00
(ePub)
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Enrichment in the Law of Unjust Enrichment and Restitution (eBook) ISBN 9781847319722
Published July 2012
Hart Publishing
£117.00
(ePub)
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Enrichment in the Law of Unjust Enrichment and Restitution ISBN 9781849463294
Published July 2012
Hart Publishing
£130.00
£85.50
(ePub)
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Accounting for Profit for Breach of Contract: Theory and Practice ISBN 9781849462518
Published May 2012
Hart Publishing
£95.00
Fault Lines in Equity (eBook) ISBN 9781847319449
Published May 2012
Hart Publishing
£117.00
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Fault Lines in Equity ISBN 9781849462198
Published May 2012
Hart Publishing
£130.00