Law of torts, damages and compensation Books

Book SynopsisNew to Hart Publishing, this is the seventh edition of the classic casebook on tort, the first of its kind in the UK, and for many years now a bestselling and very popular text for students. This new edition retains all the features that have made it such a popular and respected text, with extensive commentary, questions and notes supplementing the selection of cases and statutes which form the core of the book. Taking a broadly contextual approach, the book addresses all the main topics in tort law, is up-to-date, doctrinally sound, stimulating and highly readable.Trade ReviewReview of the previous edition: An extremely accessible, useful and impressive collection of cases and materials. -- unknown * Student Law Journal *Review of the previous edition: The extracts are expertly chosen and provide the necessary information without being too brief. The text, whilst being accessible, is also thought-provoking with a number of excellent questions posed at the end of extracts allowing the reader to consider an issue's wider implications. -- unknown * Student Law Journal *Review of the previous edition: I have no hesitation in recommending Hepple & Matthews' Tort: Cases and Materials to anyone interested in or studying this intriguing area of law. Its advantages are two-fold: it is written in an extremely accessible and clear way and, at the same time, encourages the reader to undertake independent research and thought. -- unknown * Student Law Journal *Table of ContentsContents Introduction 1 PART ONE: Principles and policy of negligence 1. An action for damages in perspective 1 The Bradford football fire 2 Points for discussion 3 Civil Justice Reforms and Funding of Civil Actions 2. The duty of care 1 General Principles 2 Pure Omissions 3 Proximity and Failure to Prevent Harm 3. Duty of care: special problems 1 Liability of Public Authorities 2 Psychiatric Harm 3 Wrongful Conception, Wrongful Birth, and the Unborn Child 4. Pure economic loss 1 The Origins of the Rule against the Recovery of Negligently Caused Economic Loss 2 What Is Pure Economic Loss? 3 The Hedley Byrne Exception 4 The Basis and Development of the Hedley Byrne Exception 5 The Measure of Damages under Hedley Byrne: The ‘Scope’ of the Duty 5. Breach of duty 1 The Reasonable Person 2 Application of the Standard of Care 3 Aids in Discharging the Burden of Proof 6. Causation and Remoteness of Damage 1 Factual Causation 2 Selection among Operative Factual Causes 3 Foreseeability of the Kind of Damage 4 Development of The Wagon Mound Doctrine 7. Defences : contributory negligence , volenti non fit injuria , exclusion of liability, and illegality and public policy 1 Contributory Negligence 2 Volenti non fit injuria 3 Exclusion of Liability 4 Illegality and Public Policy 8. Assessment of damages 1 The Aims of an Award of Damages 2 Personal Injuries 3 Property Damage PART TWO: SPECIFIC DU TIES AND INTERESTS 9. LIABILITY FOR DEFECTIVE PREMISES 1 Occupiers’ Liability 2 Non-occupiers’ Liability for Premises 10. Product Liability 1 Negligence 2 Statutory Liability 11. Liability for animals 12. Breach of Statutory Duty 1 Express Creation of New Torts 2 Express Exclusion of Civil Remedy 3 Creation of New Torts by Judicial Interpretation of Statutes 4 The Scope of Protection 5 The ‘Eurotort’ 6 A Note on Health and Safety Legislation 13. Intentional Interference with the Person 1 Trespass, Intention, and Negligence 2 Assault and Battery 3 False Imprisonment 4 The ‘Tort in Wilkinson v Downton’ and Harassment 5 Defences 14. Interference with Land 1 Trespass to Land 2 Public Nuisance 3 Private Nuisance 4 Escape of Dangerous Things from Land 5 Fire 15. Intentional economic torts 1 Conspiracy 2 Inducing Breach of Contract 3 Causing Loss by Unlawful Means—the ‘Unlawful Means Tort’ 4 The Tort of Deceit 16. Interests in Reputation —Defamation 1 Defamation and Freedom of Expression 2 Who Can Sue? 975 3 Words or Matter Defamatory of the Claimant 4 The Distinction between Defamation and Malicious Falsehoods 5 Publication 6 Defences 7 Remedies 8 The Distinction between Libel and Slander 17. Invasion of Privacy PART THREE: Loss Distribution 18. Vicarious Liability 1 Justification for Vicarious Liability 2 Relationship of Employer and Employee 3 Relationships beyond Employment 4 Connection between the Relationship of the Tortfeasor and the Defendant and the Act of the Tortfeasor 5 Liability for Independent Contractors 6 Employer’s Liability to Employees 19. Joint Liability 1 Joint Tortfeasance 2 Contribution between Tortfeasors 20. Insurance and Compensation 1 The Relationship between Insurance and Tort Liability 2 Compulsory Insurance Provisions 3 Motor Insurers’ Bureau 4 The Settlement Process 5 Other Compensation Systems 6 The Future of Compensation Further Reading

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Book SynopsisTort Law Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides go above and beyond, not only consolidating your learning but focusing your revision and maximising your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases.Revision guides you can rely on: trusted by lecturers, loved by students... The Concentrate books are my favourite revision guides as the quality of the information is always more comprehensive than others. Carly Hatchard, law student, University of BoltonThe Concentrate structure is extremely good, it makes it so much easier to revise ... no key information is left out, it''s a great series. Emma Wainwright, law student, Oxford Brookes UniversityThe detail in this revision textbook is phenomenal and is just what is needed to push your exam preparation to the next level - Stephanie Lomas, law student, University of Central LancashireIt is a little more in-depth than other revision guides, and also has clear diagrams and teaches ways to obtain extra marks. These features make it unique - Godwin Tan, law student, University College LondonThe exam style questions are brilliant and the series is very detailed, prepares you well - Frances Easton, law student, University of BirminghamDigital formats and resourcesThe seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by extensive online resources to take your learning further (www.oup.com/lawrevision/).The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooksThe online resources include:- advice on revision and exam technique from experienced examiner Nigel Foster; - a diagnostic test to help you pinpoint areas to focus your revision on; - interactive glossary and key cases to help you revise key terminology, facts, and principles; - multiple choice questions to test your knowledge; and - outline answers to questions in the book.

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Book SynopsisDelict Essentials provides the reader with an introduction to the main areas of the law of delict.

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Book SynopsisTable of Contents1. Foundations of Tort Law 2. Litigating a Cause of Action in Tort Law 3. The Tort of Negligence 4. Proof of Negligence 5. Defenses to Negligence 6. Premises Liability 7. Intentional Torts 8. Misrepresentation, Interference with Economic Relations, and Other Business-Related Torts 9. Doctrine of Nuisance 10. Defenses to Intentional Torts 11. Privilege and Immunity from Tort Liability 12. Strict Liability 13. Product Liability 14. Vicarious Liability 15. Torts and Relationships: Loss of Consortium

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Book SynopsisConcentrate Q&A Tort Law guides you through how to structure a successful answer to a legal problem. Whether you are preparing for a seminar, completing assessed work, or in exam conditions, each guide shows you how to break down each question, take your learning further, and score extra marks.The Concentrate Q&A series has been developed in collaboration with hundreds of law students and lecturers across the UK. Each book in this series offers you better support and a greater chance to succeed on your law course than any other Q&A guide.''A sure-fire way to get a 1st class result'' - Naomi M, Coventry University''I can''t think of better revision support for my study'' - Quynh Anh Thi Le, University of Warwick''My grades have dramatically improved since I started using the OUP Q&A guides'' - Glen Sylvester, Bournemouth University''My fellow students rave about this book'' - Octavia Knapper, Lancaster University''These first class answers will transform you into a first class student''Trade ReviewReview from previous edition 100% would recommend. Makes you feel like you will pass with flying colours' * Elysia Marie Vaughan, University of Hertfordshire *I would not hesitate to recommend this book to a friend * Blessing Denhere, Coventry University *I would strongly recommend Q&A guides. They have vastly improved my structuring of exam answers and helped me identify key components of a high quality answer * Hayden Roach, Bournemouth University *

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Book SynopsisThis volume explores the classification of obligations. Contributions include A New 'Seascape' for Obligations: Reclassification on the Basis of Measure of Damages by Jane Stapleton; Basic Obligations by James Penner; and an essay by Peter Birks himself entitled, Definition and Division: A Meditation on Institutes.Trade ReviewBirks is to be commended on the even-handedness of his editorship on treatments of a matter about which he feels so strongly ... Who can read Birks and not feel the power of his passionate criticisms of what often now passes for legal education? * David Campbell, Journal of Law and Society *Table of ContentsEditor's Preface ; Table of Cases ; One: Definition and Division: A Meditation on Institutes ; Two: The Juridical Classification of Obligations ; Three: Legal Classification as the Production of Knowledge Systems ; Four: The Classification of Obligations and Legal Education ; Five: Basic Obligations ; Six: More than a Trace of the Old Philosophy ; Seven: Patterns of Fusion ; Eight: A New 'Seascape' for Obligations: Reclassification on the Basis of Measure of Damages ; Nine: Is there a Future for International Torts? ; Ten: Private Law, Economic Rationality and the Regulatory State

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Book SynopsisFourth in the SPTL seminar series, this book explores the concepts of privacy and loyalty in the law of obligations. Essays combine practical and academic perspectives that highlight contemporary trends in the law of obligations. In addition, there is an extended Introduction.Table of Contents1. Privacy as a Constitutional Right and Value ; 2. Privacy-related Rights: Their Social Value ; 3. Privacy and Political Speech ; 4. Comparative Rights of Privacy of Public Figures ; 5. Obstacles on the Path of Privacy Torts ; 6. The Flight to the Fiduciary Haven ; 7. Constructive Fiduciaries? ; 8. Reflections on Identification of Fiduciaries ; 9. Fiduciaries in Context: An Overview

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Book SynopsisTort Law: Text, Cases, and Materials combines incisive author commentary with carefully selected extracts from primary and secondary materials to provide a complete and supportive student text.Table of ContentsI. Introductory 1: Introduction: the shape of tort law today II. International Interferences 2: Torts of intention III. The Tort of Negligence 3: The standard of care in negligence 4: The duty of care: introduction and development 5: Duty of care: applications 6: Causation, remoteness, and scope of duty: connection to the damage 7: Defences to negligence IV. General Matters 8: Limitation and contribution 9: Damages, compensation, and responsibility 10: Vicarious liability and non-delegable duties V. Nuisance and Duties Relating to Land 11: Nuisance 12: Rylands v Fletcher and strict liability 13: Occupiers' liability VI. Defamation and Privacy 14: Defamation 15: Privacy VII. Stricter Liabilities 16: Product liability 17: Breach of statutory duty 18: Trespass to land and goods, and conversion

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Book SynopsisStreet on Torts provides an insightful and thorough treatment of tort law with a focus on key concepts and clear explanations. Alongside perceptive coverage of the key principles of tort law, succinct case extracts and accompanying analyses allow students to consider the law in context and understand how it is applied in practice. Digital formats and resources:The sixteenth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooksThis book is accompanied by https://learninglink.oup.com/access/witting16e online resources, including:- Answer guidance for each of the problem questions in the book - An additional chapter on animal torts- Bi-annual updates to keep students up to date on the latest key developments in tort law- Self-tTable of ContentsPart I. Introduction 1: Overview of tort law Part II. Negligent Invasions of Personal, Property, and Financial Interests 2: Duty of care I: foundational principles 3: Duty of care II: bodily injury and psychiatric illness 4: Duty of care III: property damage and purely financial losses 5: Duty of care IV: public authorities 6: Breach of duty 7: Causation and remoteness 8: Defences to negligence 9: Liability for defective premises and structures Part III. Intentional Invasions of Interests in the Person and Property 10: Trespass to the person and related torts 11: Wrongful interference with goods 12: Trespass to land 13: Defences to intentional torts against the person or property Part IV. Misrepresentation-based and 'Economic' Torts 14: False representations 15: The general economic torts Part V. Torts Involving Strict or Stricter Liability 16: Product liability 17: Nuisance 18: The rule in Rylands v Fletcher 19: Breach of statutory duty Part VI. Interests in Reputation: Defamation 20: Defamation: foundational principles 21: Defences and remedies in defamation Part VII. Privacy 22: Privacy actions in tort Part VIII. Misuse of Process and Public Powers 23: Misuse of process and public powers Part IX. Parties and Remedies 24: Vicarious liability 25: Capacity and parties 26: Remedies

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Book SynopsisThis best-selling undergraduate textbook from renowned authors Kirsty Horsey & Erika Rackley offers a lively, accessible and thoughtful treatment of all key topics taught on tort law courses, and includes carefully chosen learning features to help students become engaged and critical thinkers.Table of Contents1: Introduction Part I The Tort of Negligence 2: Introduction to the tort of negligence 3: Duty of care: basic principles 4: Special duty problems: omissions and acts of third parties 5: Special duty problems: psychiatric harm 6: Special duty problems: public bodies 7: Special duty problems: economic loss 8: Breach of duty: the standard of care 9: Causation and remoteness of damage 10: Defences to negligence Part II Special Liability Regimes 11: Occupiers' liability 12: Product liability 13: Employers' liability 14: Breach of statutory duty Part III The Personal Torts 15: Intentional interferences with the person 16: Invasion of privacy 17: Defamation Part IV The Land Torts 18: Trespass to land and nuisance 19: Actions under the rule of Rylands v Fletcher Part V Liability, Damages and Limitations 20: Vicarious liability 21: Damages for death and personal injuries Appendix: Annotated problem questions

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Book SynopsisAll the leading cases, illuminated by Horsey & Rackley''s trademark clear and lively commentary.The essential companion for undergraduate tort law students, providing a comprehensive portable library of leading tort cases. Horsey & Rackley bring together a range of carefully edited extracts, combined with insightful commentary and annotated cases to help students identify and analyse the key elements.Key features:- The only text of its kind to provide a comprehensive collection of the leading tort law cases for undergraduates- Simple to navigate, pulling all key case law together into one easy-to-use volume which students can work through systematically or use to reference specific cases- Cases are accompanied by succinct author commentary highlighting the key elements of each case- Annotated cases help students understand and analyse materialNew to this edition:The seventeenth edition has been thoroughly revised to reflect recent developments in the law, including Fearn and others v TTable of Contents1: Introduction 2: Duty of care: basic principles 3: Special duty problems: omissions and acts of third parties 4: Special duty problems: psychiatric harm 5: Special duty problems: public bodies 6: Special duty problems: economic loss 7: Breach of duty: the standard of care 8: Causation and remoteness of damage 9: Defences to negligence 10: Occupiers' liability 11: Product liability 12: Breach of statutory duty 13: Intentional interferences with the person 14: Invasion of privacy 15: Defamation 16: Trespass to land and nuisance 17: Actions under Rylands v Fletcher 18: Vicarious liability 19: Damages for death and personal injuries

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Book SynopsisBlackstone's Statutes on Contract, Tort & Restitution is edited and designed to help you succeed in your law studies. With a reputation for accuracy and authority spanning over 30 years, Blackstone's Statutes remain first-choice for students and lecturers, providing a careful selection of updated legislation needed for exam/course use.Trade ReviewA must-have quick and easy reference point, with everything you need to access in one place. * Sarah Willis, Senior Lecturer, University of Northampton *These are the industry standard, containing a one-stop source for students. They cover all bases. * Dr Lucy Barnes, Associate Professor in Law, University of East Anglia *The e-book is useful to support student's learning throughout the semester and for online exams. * Dr Vera Pavlou, Lecturer, University of Glasgow *Blackstone's Statutes are a very reliable series. Up-to-date legislation, with a good match for teaching needs. Students appreciate the clear layout and easy reference materials. Ideal for exam use. * Renu Barton-Hanson, Associate Professor in Law, Middlesex University *

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Book SynopsisThis is the most student friendly guide to the subject; empowering students to evaluate the law, understand its practical application, and approach assessments with confidence.Key features:-Understand the law in context: with scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear-Identify when and how to critically evaluate the law: we''ll introduce the key areas of debate and give your students the confidence to question the law-Direct and consolidate their knowledge: visually engaging learning and self-testing features aid understanding and help your students tackle assessments with confidence-Elevate their learning: with the ground-work in place your students can aspire to take their learning to the next level; the authors provide direction on going further-Also available as an e-book with functionality, navigation features, and links that offer extra learning supportDigital formats and resourcesThe 9th edition is available for s

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Book SynopsisThe law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This work seeks to show that this apparently simple proposition enables us to understand the law of torts as found in the common law. Using primarily English materials, but drawing heavily upon the law of other common law jurisdictions, Stevens seeks to give an account of the law of torts which relies upon the core material familiar to most students and practitioners with a grasp of the law of torts. This material is drawn together in support of a single argument in a provocative and accessible style, and puts forward a new theoretical model for analysing the law of torts, providing an overarching framework for radically reconceiving the subject.Trade ReviewThis is a major contribution to the literature, demanding the attention of anyone with a serious interest in the theory of the law of tortious responsibility. * European Tort Law *This intelligent and ambitious book is going to influence deeply future discourse. * Russell Brown, Canadian Business Law Journal *Torts and Rights is full of stimulating and provocative analysis and argument, both descriptive and normative. It deserves a large and wide audience. * Peter Cane, The Modern Law Review *In Torts and Rights, Stevens has taken the claim of rights-based theorists one step further and in a far-ranging tour de force shows how most of the well-recognised torts can be understood from this perspective. * JW Neyers, Kings Law Journal *Whilst Stevens audience may not find themselves in agreement with all of his conclusions, few will be able to deny the coherence of his presentation or the clarity of his reasoning. Its impact on the law of torts is bound to be significant; tort lawyers, you have been warned. * Sarah Green, The Cambridge Law Journal *A much clearer and rational analysis of the structure of tort law * Simon Douglas, Law Quarterly Review *Packed with a host of valuable insights * John Murphy, Oxford Journal of Legal Studies *Stevens presents a convincing and hard-hitting rights-based portrayal of the whole of the law of torts in an economical 361 pages. * JW Neyers, King's Law Journal, 19 *A valuable contribution to the subject. * Lord Hoffmann, from the Foreword *Table of Contents1. Introduction ; 2. Rights ; 3. Loss ; 4. Remedies ; 5. Fault ; 6. Causation ; 7. Remoteness ; 8. Privity ; 9. Concurrence ; 10. State ; 11. Attribution ; 12. Accessories ; 13. Classification ; 14. Policy ; 15. Justice ; 16. Conclusion

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Book SynopsisThis sixth volume in the 'Oxford Law Colloquium' series adopts the format of a collection of essays by leading academics, each with a response from a practitioner offering an insight into how the different elements of this subject are dealt with in practice.Trade Review... provides a useful insight into commercial remedies. It sets out essential issues from an academic viewpoint in various areas of commercial remedies, ranging from a broad spectrum of contractual damages to issues of unjust enrichment and penalty clauses. There is some useful input from practitioners' analysis of the subject. It should be of interest to both academics and practitioners. * International Company and Commercial Law Review *... raise[s] many pertinent issues which all lawyers should familiarise themselves with and the unique format providing both an academic and a practitioner-orientated perspectve makes it even more valuable. * Singapore Journal of Legal Studies *Commercial Remedies should certainly be of interest to any lawyer interested in commercial law. It raises a host of important issues, both old and new, that no commercial lawyer should be ignorant of and even where an issue is not discussed exhaustively, it provides a good starting point for both research and reflection. * Singapore Journal of Legal Studies *Table of ContentsPART A: COMPENSATION ; PART B: RESTITUTION AND PUNISHMENT ; PART C: AGREED REMEDIES, HUMAN RIGHTS AND CONFLICT OF LAWS

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Book SynopsisExamines two problems in Private law which are posed by the 'Good Samaritan'. This work examines and compares the varied responses of the Roman, French, German, and English legal systems to these problems.Trade Review[This] book is to be welcomed as a carefully argued, at times imaginative, contribution to the continuing debate about the future annd shape of the English law of rescue. * Kevin Williams, Modern Law Review *The author is to be commended for his lucid treatment of both doctrines, and for his subtle and convincing analysis of their interconnectedness * European Tort Law *This slim, elegantly-argued volume presents a persuasive case for the reconsideration of both liability for nonfeasance and reimbursement for necessitous intervention in English LawIn a clear and elegant style, Kortmann has written a remarkable book in which he has developed a fine, sophisticated theory. It is to be hoped that the English courts will draw inspiration from it. * Professor J.H.A. Lokin, Ars Aequi *An interesting read, based on considerable research. The account is thoughtful and thought-provoking and challenges the common lawyer to reassess his or her views on the topic of omissions.... Lord Goff in Smith v Littlewoods onceded that the legal treatment of omissions may one day need to be reconsidered. Kortmann eloquently puts the case for such a change. * Paula Giliker, King's College Law Journal *[This book] certainly constitutes essential reading for any lawyer interested in the nature and effect of altruism in private law. * D.H. Van Zyl, Legal Studies *Without doubt ... [Kortmann] deserves much praise for a book that is certain to captivate the reader. ... His arguments are well written and ...demonstrate a heartwarming erudition * Professor H.C.F. Schoordijk, Weekblad voor Privaatrecht, Notariaat en Registratie *Table of ContentsPART I: LIABILITY FOR NONFEASANCE ; I. INTRODUCTION ; II. WHAT IS 'NONFEASANCE'? ; III. THEORETICAL JUSTIFICATIONS FOR DISTINGUISHING BETWEEN FEASANCE AND NONFEASANCE ; IV. LIABILITY FOR NONFEASANCE IN CONTINENTAL EUROPEAN PRIVATE LAW ; V. LIABILITY FOR NONFEASANCE IN ENGLISH PRIVATE LAW ; VI. TOWARDS A MORE CONSISTENT APPROACH ; PART II: GRANTING A CLAIM TO THE INTERVENER ; VII. THE DIFFERENT MEASURES OF RECOVERY AND THEIR TERMINOLOGY ; VIII. THEORETICAL ARGUMENTS AGAINST GRANTING A REMEDY TO THE INTERVENER ; IX. THEORETICAL ARGUMENTS IN FAVOUR OF GRANTING A REMEDY TO THE INTERVENER ; X. THE CONTINENTAL DOCTRINE OF 'NEGOTIORUM GESTIO' ; XI. THE POSITION IN ENGLISH LAW ; XII. TOWARDS A GENERAL PRINCIPLE: USING THE EXISTING DOCTRINES? ; XIII. TOWARDS A NEW GENERAL PRINCIPLE ; EPILOGUE

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Book SynopsisThe second edition of An Introduction to Tort Law offers a clear exposition to the rapidly developing law of tort in Britain. For those coming to the subject for the first time it provides a succinct and thoughtful overview; ideal as an introduction, it will also be of use and interest to those engaged in the course or completing it, for it pulls themes together, illustrates important distinctions and provokes reflection on what has already been learnt.Many of the areas subjected to analysis and discussion are highly topical, such as the invasion of the privacy of celebrities, and liability for medical mishaps and industrial diseases. On these and many other subjects of relevance in modern society, Weir''s comments act as a springboard for further study and reflection, as well as presenting an authoritative overview, enlivened by a fascinating and critical commentary, of the present situation and how we reached it.The second edition naturally includes recent developments in tort law, tTrade ReviewReview from previous edition "A very useful short introduction to the subject written with this writer's usual wit and capacity to go to the centre of an issue." Lesley Phippen, Director of Legal Studies, University of Kent, Medway campus"A most remarkable little book on torts, brilliant and incisive... one of the best supplementary readings to make sense of the topic." E. Descheemaeker, Oxford UniversityTable of Contents1. Introduction ; 2. Negligence ; 3. Breach of duty ; 4. Causation ; 5. Strict liability ; 6. Vicarious Liability ; 7. Contribution between tortfeasors ; 8. Contributory negligence ; 9. Trespass ; 10. Nuisance ; 11. Conversion ; 12. Defamation ; 13. Economic torts ; 14. Damages ; 15. Other systems

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Book SynopsisWe live in an era defined by corporate greed and malfeasance - one in which unprecedented accounting frauds and failures of compliance run rampant. This work argues that even with legal reforms, corporate criminal law continues to be ineffective.Trade Review"This timely work offers a dispassionate analysis of problems relating to corporate crime." - Harvard Law Review"

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Book SynopsisWe live in an era defined by corporate greed and malfeasance - one in which unprecedented accounting frauds and failures of compliance run rampant. This work argues that even with legal reforms, corporate criminal law continues to be ineffective.Trade Review"This timely work offers a dispassionate analysis of problems relating to corporate crime." - Harvard Law Review"

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Book SynopsisAccording to the US Public Health Service, over 100,000 deaths a year are attributed to alcohol. Legislatures have enacted regulations intended to reduce alcohol consumption and curb harmful effects. This study focuses on one regulation, the liability imposed on alcohol servers and social hosts.

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Book SynopsisAccording to the US Public Health Service, over 100,000 deaths a year are attributed to alcohol. Legislatures have enacted regulations intended to reduce alcohol consumption and curb harmful effects. This study focuses on one regulation, the liability imposed on alcohol servers and social hosts.

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Book SynopsisThis volume asks how juries actually make decisions about punitive damages. Specialists in psychology, economics and law present new data gathered from over 600 controlled experiments which documents a range of systematic bias in jury behaviour.

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Book SynopsisThe Common Law of Obligations provides coverage of the history of obligations and its underlying principles, remedies, negation of liability and specific obligations. The book draws out the common themes that exist between traditional tort and contract courses, whilst the elements pertaining to the law of restitution are also included.Table of ContentsPART I. ; SECTION A. ; SECTION B. ; SECTION C. ; SECTION D. ; PART II.

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book SynopsisWinfield & Jolowicz on Tort has been a leading work on the subject since the first edition was published over 90 years ago. With the publication of this twenty-first edition it continues to be a clear, authoritative and comprehensive guide to this area of law. It is widely adopted for use by students, an invaluable resource for practitioners, and regarded in other legal systems as providing a definitive account of the English law of tort.

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Book SynopsisRoutledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn't you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come uTrade Review“This is an excellent series, which hits the target at a remarkable number of levels. The clarity of its reference points makes it ideal for students new to undergraduate study, while at the same time being the perfect ‘refresher’ book for students about to start on professional courses. More than that, the series is great as a ‘starter pack’ for non-specialist students covering elements of law as part of their wider studies, and invaluable for teaching international students studying the English common law from abroad.”FIONA E.C. KINGLAW LECTURER (for almost 30 years in Universities & Business Schools in the UK and Europe) “What a relief! A book I can understand quickly.. I’ll be using these this year”SECOND YEAR UNDERGRADUATE "an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic." Lex Magazine Table of ContentsNegligence. Occupiers' Liability. Tort Relating to Land. General Defences. Remedies

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Book SynopsisKey Facts Key Cases: Tort Law will ensure you grasp the main concepts of your Tort Law module with ease. This book explains the facts and associated case law for: The torts of negligence, occupiersâ liability and nuisance Strict liability torts The torts of trespass to land and trespass to the person Torts involving goods Torts affecting reputation Employment related torts Available remedies Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear recall of the essential points charts and tables to break down more complex information Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. Essential and leading cases are explained The style, layout and explanations are user friendly Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition Table of Contents1. The nature of tortious liability 2. Negligence: basic elements 3. Negligence: specific duty situations 4. Occupier’s liability 5. Nuisance 6. Strict liability 7. Trepass to land 8. Torts concerning goods 9. Trespass to the person 10. Torts affecting reputation 11. Employment-related torts 12. Remedies and limitation periods

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Book SynopsisOver the past decades no body of law within the civil justice system has experienced greater ferment than the law of Torts. This collection comprises of scholarship from many of today's most influential contributors regarding Torts and Compensation Systems scholarship.Trade Review' … it is rare to see conference papers morph into an instant classic of original scholarship … represents some of the best modern tort original scholarship … exquisitely written … unveil[s] a treasure trove of concepts prefiguring tort law in the ancient law.' Bimonthly Review of Law Books' … excellent collection of essays …' Tort and Insurance Law YearbookTable of ContentsPart I. Tort Law in the New Millennium: Past as Prologue: 1. Tort Law through time and culture: themes of economic efficiency M. Stuart Madden; 2. Past as prelude: the legacy of five landmarks of twentieth-century injury law for the future of Torts Robert L. Rabin; Part II. Compensation and Deterrence in the Modern World: 3. Twenty-first century insurance and loss distribution in Tort Law Kenneth S. Abraham; 4. Beyond master-servant: a critique of vicarious liability Jennifer H. Arlen and W. Bentley McLeod; Part III. Duty Rules, Courts, and Torts: 5. The disintegration of duty Ernest J. Weinrib; 6. Managing the negligence concept: respect for the rule of law James A. Henderson, Jr; 7. Rebuilding the citadel: privity, causation, and freedom of contract Richard A. Epstein; 8. Controlling the future of the common law by restatement Jane Stapleton; 9. Information shields in Tort Law David G. Owen; 10. The complexity of torts: the case of punitive damages Guido Calabresi; 11. The future of proportional liability: the lessons of toxic substance causation Michael D. Green; Part IV. Torts in a Shrinking World: 12. Causation in products liability and exposure to toxic substances: a European view Federico Stella; 13. Collective rights and collective actions: examples of European and Latin American contributions Juan Carlos Henao.

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Book SynopsisSince this book was first published over ten years ago, collateral warranties have been used increasingly by funding institutions, building purchasers and tenants to create a contractual relationship between themselves and other parties involved in the project, whether architect, engineer, contractor or subcontractor. Indeed, collateral warranties are now being used to create primary contractual obligations. There have been some immensely important developments in the law relating to collateral warranties since the first edition. The Contracts (Rights of Third Parties) Act 1999 has introduced radical new developments into English contract law. The book now includes a completely new chapter on the legislation, which also looks at the potential practical uses of the Act on development projects. The House of Lords has handed down a number of key decisions recently on third party remedies and on the principles relating to damages on assignment (such Table of ContentsPreface viii 1 Principle of Law 1 Definition of collateral warranty 1 A comparison of contract and tort 4 Essentials of a contract 5 Form of contract 20 Construing a contract 22 Implied terms 27 Letters of intent 28 2 The Rise of Collateral Warranties 31 Negligence 31 1932 to 1988 33 D & F Estates Limited and Others v. Church Commissioners for England and Others 36 Murphy v. Brentwood District Council 38 1990 to 2000 41 3 Contracts (Rights of Third Parties) Act 1999 47 The background 47 Contracts (Rights of Third Parties) Act 1999 50 Aspects of the Act 56 Using the Act or not using the Act? 59 4 Assignment and Novation 64 Future purchasers and tenants 64 Assignment 64 Prior equities 70 Restrictions on assignment 71 Novation 80 5 Reasonable Skill and Care and Fitness for Purpose 83 Reasonable skill and care 83 Fitness for purpose 88 Dwellings 93 6 Damages and Limitation of Action 94 Damages 94 Expectation interest and reliance expenditure 108 Mitigation and assessment 112 Assignment 117 Contribution and apportionment 125 Limitation of Action 129 7 Developers, Tenants, Purchasers and Funds 134 The position of a developer 134 The position of a tenant 137 The position of a purchaser 143 The position of the funding institution 145 Obligations to enter into collateral warranties 147 JCT enabling clauses 149 8 Insurance Implications 153 Principles of professional indemnity insurance 153 Disclosure of collateral warranties 155 Particular insurance problems 157 Other matters of concern to insurers 161 Policy endorsements for collateral warranties 162 Problems on changing insurers 166 9 Typical terms 167 General considerations 167 Typical terms 174 Contractors and sub-contractors 199 Guarantees of obligations under warranties 200 10 Practical Considerations 201 Does a warranty have to be given? 201 Commercial balance 203 Legal costs and consideration 203 Negotiating and insurance 204 Warranties must be executed 204 The givers, receivers and contents of warranties 205 Standard forms of collateral warranty 207 Commentaries 211 11 Other Solutions: Present and Future 228 Possible solutions – the present 228 Possible solutions – the future 234 Table of Cases 306 Table of Statutes & Statutory Instruments 332 Index 334

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Book SynopsisTort law is the body of law governing negligence, intentional misconduct, and other wrongful acts for which civil actions can be brought. This title proves that tort law is anything but gender and race neutral. It demonstrates that women and minorities have been under-compensated in tort law.Trade ReviewThe Measure of Injuryis beautifully written. It lays out the basic concepts of tort law in simple terms that even a layperson (or first-year torts student) could easily follow. It then draws upon literally hundreds of cases to powerfully illustrate how these principles have played out in tort law in ways that are, as the book jacket promises, 'anything but gender and race neutral.' ... An extremely sophisticated work of historical and legal analysis that is so well written that first-year law students could use it as a supplement to their casebook... In short, this is great stuff for readers at every level. But tort junkies starved for more discussion of gender and race will find it particularly irresistible. * Journal of Legal Education *The book manifests a unique perspective on tort law that is well-explained and carefully developed, and it is one of the best written books on critical legal theory that I have read . -- Michelle D. Deardorff * Law and Politics Book Review *This book asks important questions about the tort system. Tort law is largely taught and described from a doctrinal perspective that makes no attempt to see how it is actually working on the ground. This book assesses how the tort system fares in operation by examining how race and gender influence court decisions in torts cases. A promising direction for scholarship on the tort system. -- Keith N. Hylton,Honorable Paul J. Liacos Professor of Law, Boston UniversityThough one would barely know it from the law school casebooks, the American law of torts has been deeply shaped by race and gender. Chamallas and Wriggins have revealed heretofore unknown features in the plate tectonics oftort law. Their book should usher in a new era in the study of race and gender in the field. -- John Fabian Witt,Yale Law SchoolWhat kind of harms matter, and why? Steeped in the history of American tort law, Chamallas and Wriggins demonstrate how attitudes about race and gender run through the harms recognizedand not recognizedby American law. This book is brimming with insights about how societies do and should express what matters in assigning liability for human pain and loss. -- Martha Minow,Dean of the Faculty of Law, Harvard Law SchoolTable of ContentsAcknowledgments Introduction 1 Theoretical Frames 2 Historical Frames 3 Intentional Torts 4 Negligence 5 Causation 6 Damages Conclusion Notes Index About the Authors

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Book SynopsisTrade ReviewProvides an engaging description of how human psychology influences both the development of tort law and policy and the decisions of litigants, lawyers, judges, and jurors as they navigate the American civil justice system. Their explanations of psychological theory include cutting-edge empirical research and vivid descriptions of classic court cases that lawyers will immediately recognize from law school as well as contemporary cases drawn from todays headlines. For lawyers, the volume offers valuable insights about how judges and jurors are likely to interpret evidence presented at trial. For policymakers, it highlights the conflicts that arise when human intuition diverges from traditional principles of tort law. And it challenges researchers in social psychology and law with a host of unexplored topics to investigate. -- Paula Hannaford-Agor,Director, Center for Jury Studies, National Center for State CourtsThis book series is off to a fantastic start with this volume on tort law. . . . [The volume] is expansive but highly engaging and readable. The authors, both psychologists teaching in law schools, maximize the utility of their efforts by bringing normally scattered psychological research findings to bear on core concepts in the law. Those who believe that the law should develop its doctrines with reference to human psychology will be immensely aided in their efforts to achieve that objective by the availability of this comprehensive but very accessible review of existing psychological research findings relevant to tort law. -- Tom R. Tyler,Macklin Fleming Professor of Law and Professor of Psychology, Yale University

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Book SynopsisWhat happens if a driver carelessly crashes into another car? Or a newspaper publishes a story which makes derogatory comments about someone? Or if a resident plays loud music every night so that their neighbour cannot get any sleep? Tort law is a collection of such misbehaviours or misadventures where the law deems it appropriate to intervene with civil remedies.This new textbook addresses a range of the most prominent torts. The law is explained with clear writing and an accessible approach, relating the subject to everyday examples. There are key learning points to help anchor the reader's basic understanding, and sections of analysis to guide the reader to a more advanced critical engagement. Above all, tort law is interesting, for it covers so much of our daily lives, and is a constant source of evolving litigation.The Routledge Spotlights series brings a modern, contemporary approach to the core curriculum for the LLB and GDL, which will help students: Table of Contents1: About Tort Law; 2: Negligence: Duty of Care; 3: Negligence: Breach; 4: Negligence: Causation; 5: Negligence: Economic Loss; 6: Negligence: Psychiatric Injury; 7: Negligence: Liability for Omissions; 8: Negligence: Public Authorities; 9: Negligence: Defences and Remedies; 10: Employers’ Liability; 11: Occupiers’ Liability; 12: Interference with Land; 13: Interference with the Person; 14: Privacy; 15: Defamation; Index

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Book SynopsisJohn Cooke was formerly Professor of Common Law at Liverpool John Moores University. He has over thirty years of teaching experience and has lectured, researched and written widely in the areas of obligations, media law and medical law.Table of ContentsPart 1 General principles of tort law  1 General principles Part 2 The tort of negligence  2 General principles of negligence  3 Duty of care  4 Psychiatric damage  5 Economic loss  6 Liability for omissions and third parties  7 Liability of public authorities  8 Breach of duty and proof of negligence  9 Causation and remoteness of damage 10 Defences to negligence Part 3 Specific areas of negligence and breach of statutory duty 11 Defective premises 12 Defective products 13 Breach of statutory duty 14 Employer’s liability 15 Medical negligence and related issues Part 4 Torts based on land 16 Trespass to land 17 Nuisance 18 Rylands v Fletcher and liability for fire Part 5 Miscellaneous torts 19 Trespass to the person 20 Defamation and malicious falsehood 21 Privacy – Tort of misuse of private information Part 6 Parties, defences and remedies 22 Vicarious liability 23 Limitation 24 General defences 25 Remedies Glossary of terms Index

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Book SynopsisSarah Green is the Law Commissioner for Commercial and Common Law at the Law Commission of England and Wales. Prior to that, she was Professor of Private Law at the University of Bristol, Professor of the Law of Obligations at the University of Oxford and a lecturer at the University of Birmingham. She has written two books about specific elements of tort law, and has also published on a variety of other topics including virtual currencies, blockchain issues surrounding intermediated securities, smart contracts, sale of goods law as applicable to digitised assets, and wage theft.Jodi Gardner is a University Lecturer in Private Law at the University of Cambridge, and a Fellow of St John's College. She is also a Senior Adjunct Research Fellow at the Centre for Banking & Finance Law, National University of Singapore. Jodi's research is primarily focused on the intersection between private law and social policy. She is written on a variety of different topics in this area iTable of Contents1. Introduction Part 1: The Tort of Negligence 2. Duty of care 3. Pure economic loss 4. Psychiatric injury 5. Breach of duty 6. Causation 7. Remoteness Part 2: Torts Relating to Land and Goods 8. Occupiers’ Liability 9. Nuisance and the Rule in Rylands v Fletcher 10. Product Liability Part 3: Intentional Torts 11. Economic torts 12. Intentional torts to the person Part 4: Defamation and Privacy 13. Defamation 14. Privacy Part 5: General Matters 15. Vicarious liability 16. Defences 17. Damages.

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Book SynopsisThis volume investigates the peculiarly British fixation with the the lex Aquilia, a Roman statute enacted c.287/286 BCE to reform the Roman law on wrongful damage to property, against the backdrop larger themes such as the development of delict/tort in Britain and the rise of comparative law.Table of ContentsPreface, Paul J. du Plessis; Matters of Context; 1.The Early Historiography of the Lex Aquilia in Britain: Introducing Students to the Digest, John W. Cairns; 2. William Warwick Buckland on the Lex Aquilia, David Ibbetson; 3. `This Concern with Pattern’: F.H. Lawson’s Negligence in the Civil Law, Paul Mitchell; 4. Student’s Digest: 9.2 in Oxford in the Twentieth Century, Benjamin Spagnolo; Case Studies; 5. Revisiting D.9.2.23.1, Joe Sampson; 6. Reflections on the Quantification of Damnum, Alberto Lorusso; 7. Causation and Remoteness: British Steps on a Roman Path, David Johnston; 8. Roman and Civil Law Reflections on the Meaning of Iniuria in Damnum Iniuria Datum, Giuseppe Valditara; 9. Lord Atkin, Donoghue v Stevenson and the Lex Aquilia: Civilian Roots of the `Neighbour’ Principle, Robin Evans-Jones and Helen Scott; 10. Conclusions, Paul J. du Plessis.

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Book SynopsisEverything you need to know about the Scots law of delict, rigorously updated for the 3rd edition.

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Book SynopsisEverything you need to know about the Scots law of delict, rigorously updated for the 3rd edition.

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Book SynopsisThis volume provides ready access to a wide-ranging selection of materials on those areas of private law in which a foreign element may arise. It includes UK and Scottish statutes and statutory instruments, EU materials and International Conventions.

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Book SynopsisTort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversymost visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintTrade ReviewProvides an engaging description of how human psychology influences both the development of tort law and policy and the decisions of litigants, lawyers, judges, and jurors as they navigate the American civil justice system. Their explanations of psychological theory include cutting-edge empirical research and vivid descriptions of classic court cases that lawyers will immediately recognize from law school as well as contemporary cases drawn from todays headlines. For lawyers, the volume offers valuable insights about how judges and jurors are likely to interpret evidence presented at trial. For policymakers, it highlights the conflicts that arise when human intuition diverges from traditional principles of tort law. And it challenges researchers in social psychology and law with a host of unexplored topics to investigate. -- Paula Hannaford-Agor,Director, Center for Jury Studies, National Center for State CourtsThis book series is off to a fantastic start with this volume on tort law. . . . [The volume] is expansive but highly engaging and readable. The authors, both psychologists teaching in law schools, maximize the utility of their efforts by bringing normally scattered psychological research findings to bear on core concepts in the law. Those who believe that the law should develop its doctrines with reference to human psychology will be immensely aided in their efforts to achieve that objective by the availability of this comprehensive but very accessible review of existing psychological research findings relevant to tort law. -- Tom R. Tyler,Macklin Fleming Professor of Law and Professor of Psychology, Yale University

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Book SynopsisThis book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law, and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.Trade ReviewAll of the … contributions are thought-provoking and provide a much-needed theoretical perspective the book is essential reading for all private law scholars. [Defences in Tort] is the first in a series of works concerned with defences to liability arising in private law and if the future editions come anywhere close to the calibre of essays contained here one very much looks forward to reading the rest. -- Craig Purshouse * Professional Negligence *The general quality of the contributions is very good indeed and the collection as a whole can be enthusiastically recommended. * Yearbook of European Tort Law *Table of ContentsA. General Issues and Themes 1. Central Issues in the Law of Tort Defences ANDREW DYSON, JAMES GOUDKAMP AND FREDERICK WILMOT-SMITH 2. Pleading Defences in Tort: The Historical Perspective DAVID IBBETSON 3. Defining ‘Defences’ LUÍS DUARTE D’ALMEIDA 4. Tort Law’s Missing Excuses JOHN CP GOLDBERG 5. Duties to Try and Duties to Succeed STEPHEN A SMITH 6. Balancing Defences RODERICK BAGSHAW 7. Defences and Third Parties: Justifying Participation PAUL S DAVIES B. Specific Defences 8. Justifying Necessity as a Defence in Tort Law GRAHAM VIRGO 9. A Defence of Duress in the Law of Torts? JAMES EDELMAN AND ESTHER DYER 10. Nuisance, Planning and Regulation: The Limits of Statutory Authority DONAL NOLAN 11. Weaving the Law’s Seamless Web: Reflections on the Illegality Defence in Tort Law BEVERLEY McLACHLIN 12. The Doctrine of Illegality and Interference with Chattels JAMES GOUDKAMP AND LORENZ MAYR 13. Should Contributory Fault be Analogue or Digital? ROBERT STEVENS 14. Assumption of Risk in a System of Strict Liability: Conceptual Tangles and Social Consequences RICHARD A EPSTEIN 15. Privacy Claims: Transformation, Fault, and the Public Interest Defence BARBARA McDONALD 16. Some Recurring Issues in Relation to Limitation of Actions ANDREW BURROWS

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Book SynopsisEconomic torts play a key role in the development of private law more generally. Indeed, the landmark case of OBG v Allan (2008) provided one of the most important decisions in the whole of the law of torts in the last generation, as the House of Lords sought to bring order to an area of the law that has long been beset by doctrinal and theoretical puzzles. Probably the most enduring question of all in this area is whether the economic torts can be unified. This book argues that the search for unity is a will o’ the wisp. More particularly, it shows that although some juridical connections exist between some of these torts, there is far more that separates them than unites them. Offering a unique perspective, this is a landmark publication on the law of economic torts.Table of Contents1. Introduction I. Identifying ‘The Economic Torts’ A. One Major Problem B. The Major Problem in Historical Perspective II. The Actions Dealt with in this Book III. Aims and Theses IV. Structure of the Book 2. The Mistake of Monism I. Introduction II. Leading Monistic Accounts III. The Limitations of Monism A. The Conventional View B. The Rights-Based View C. The Kantian View IV. Conclusion 3. Inducing Breach of Contract I. An Inexplicable Action? A. Attempted Rationales B. An Alternative View II. An Action Protecting Purely Economic Interests? A. A Lesson from ‘Status-Based’ Theory B. A Lesson from the ‘Property Thesis’ C. A Lesson from ‘Accessory (or Secondary) Liability Theory’ III. Conclusion 4. Torts Requiring Unlawful Means I. Introduction II. Causing Loss by Unlawful Means A. The Conventional View on Scope B. Challenges to the Conventional View on Scope C. The Rationale of the Unlawful Means Tort III. Unlawful Means Conspiracy A. Distinctiveness of the Tort B. Scope and Potential of Unlawful Means Conspiracy IV. Conclusion 5. Lawful Means Conspiracy and Intimidation 2 I. Lawful Means Conspiracy A. Vitality B. Rationale C. Merits D. Potential E. Reservations F. Final Remarks II. Two-Party Intimidation A. Introduction B. Vitality C. Gist D. Merits and Potential E. Other Reservations F. Final Remarks 6. The Misrepresentation Torts I. Introduction II. Passing Off A. Protected Interest B. The Relevance of Reprehensible Conduct C. The Future D. Final Remarks III. Injurious Falsehood A. Vitality B. Protected Interests C. The Need for Malice D. Future Prospects E. Final Remarks IV. Deceit A. Protected Interests B. Egregious Wrongdoing C. Final Remarks V. Conclusion 7. Connections and Distinctions I. Monism Revisited II. Juridical Links and Distinctions A. Mental Elements B. Unlawful Means C. Conclusion on Juridical Links and Distinctions III. Structural Links and Distinctions IV. Functional Links and Distinctions A. Torts Protecting a Range of Interests B. Torts with a Clear Alternative Rationale C. Conclusion on Functional Distinctions V. Overall Conclusion 8. Genesis and Evolution I. Introduction II. Zeitgeist III. Politics A. The Commitment to Individualism B. Faith in Competitive Markets C. Judicial Hostility Towards Trade Unions 3 IV. The Influence of Juristic Literature V. Especially Reprehensible Defendants VI. Conclusion 9. Future Province of the Economic Torts I. Introduction II. The Future of the Economic Torts A. The Legitimacy of Judicial Gap-Filling B. Constraints on, and Justifications for, Judicial Innovation III. Interpretivism or Wishful Thinking? IV. Conclusion

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Book SynopsisThis book examines claims in negligence arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory case law. The book analyses the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. The book argues that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. It develops the work of Ernest Weinribian corrective justice theorists to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application.Table of Contents1. Introduction 2. Theoretical Perspectives 3. The Tort–Crime Interface 4. Policy and Discretion 5. The Connection Tests 6. Overview of the Coherence Rationale 7. Statutory Purpose 8. No Loss or Damage: Sanction-shifting and Related Claims 9. No Loss or Damage: Illegal Profits and Earnings 10. A Relational Explanation: Joint Illegal Enterprise Cases 11. Conclusion

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