Law of torts, damages and compensation Books

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Book SynopsisLandmark Cases in the Law of Tort contains thirteen original essays on leading tort cases, ranging from the early nineteenth century to the present day. It is the third volume in a series of collected essays on landmark cases (the previous two volumes having dealt with restitution and contract). The cases examined raise a broad range of important issues across the law of tort, including such diverse areas as acts of state and public nuisance, as well as central questions relating to the tort of negligence. Several of the essays place cases in their historical context in ways that change our understanding of the case's significance. Sometimes the focus is on drawing out previously neglected aspects of cases which have been – undeservedly – assigned minor importance. Other essays explore the judicial methodologies and techniques that worked to shape leading principles of tort law. So much of tort law turns on cases, and there are so many cases, that all but the most recent decisions have a tendency to become reduced to terse propositions of law, so as to keep the subject manageable. This collection shows how important it is, despite the constant temptation to compression, not to lose sight of the contexts and nuances which qualify and illuminate so many leading authorities.Trade ReviewThis is a delightful book which repays the reader many times over - with historical information, with insight into legal doctrine, jurisprudence and the context within which these cases were decided. -- Professor Prue Vines * Torts Law Journal, Volume 19 *Like the book's predecessors (on restitution and contract), Landmark Cases in the Law of Tort is painstakingly researched and well written, giving valuable insights into key tort cases which are simply not available anywhere else...The authors of Landmark Cases in the Law of Tort display masterful command of sources not normally available to legal scholars, and offer fascinating insights into cases which, in various ways, have been crucial to the development of tort law as we know it. This collection is both important and enjoyable to read, and is to be warmly recommended. -- Robert H. George * Lloyds Maritime and Commercial Law Quarterly *Table of Contents1 R v Pease (1832) MARK WILDE AND CHARLOTTE SMITH 2 Burón v Denman (1848) CHARLES MITCHELL AND LESLIE TURANO 3 George v Skivington (1869) DAVID IBBETSON 4 Daniel v Metropolitan Railway Company (1871) MICHAEL LOBBAN 5 Woodley v Metropolitan District Railway Company (1877) STEVE BANKS 6 Cavalier v Pope (1906) RICHARD BAKER AND JONATHAN GARTON 7 Hedley Byrne & Co Ltd v Heller & Partners Ltd (1963) PAUL MITCHELL 8 Goldman v Hargrave (1967) MARK LUNNEY 9 Tate & Lyle Food & Distribution Ltd v Greater London Council (1983) JW NEYERS 10 Smith v Littlewoods Organisation Ltd (1985) ELSPETH REID 11 Alcock v Chief Constable of South Yorkshire Police (1991) DONAL NOLAN 12 Hunter v Canary Wharf Ltd (1997) MARIA LEE 13 Fairchild v Glenhaven Funeral Services Ltd (2002) KEN OLIPHANT

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Book SynopsisThis book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. A new structure through which duty problems can be analysed is also proposed. It is hoped that the book provides some fresh insights and clarity of the concept to the reader.Trade ReviewPlunkett’s book will prove a valuable guide to everyone involved in this area of law as to how we should approach duty of care issues in future. -- Nick McBride, Pembroke College, University of Cambridge * The Journal of Professional Negligence *Given that the law on duty of care is highly contested and performs a normative function, it is a testament to Plunkett’s writing that I found myself agreeing with most of his arguments... I cannot recommend this thoroughly researched and elegantly written monograph highly enough. -- Craig Purshouse, School of Law, University of Leeds * Modern Law Review *This book would be of interest to practitioners, academics and the judiciary alike. Clearly written and cogently argued, this book succeeds in increasing its reader’s understanding of this almost mystical concept. -- Val Corbett * Tort Law and Litigation Review *The Duty of Care in Negligence provides a useful consolidation of the historical and modern evolution of duty and a thoughtful critique of some current scholarly debates. -- Erika Chamberlain, University of Western Ontario * Cambridge Law Journal *Table of Contents1. Introduction I. What is the Duty of Care? II. Making Sense of the Duty of Care III. The Aim of this Book IV. The Structure of this Book V. Scope and Terminology 2. The Historical Foundations of the Duty of Care I. Introduction II. The Beginnings of the Duty of Care III. Towards a General Conception IV. Conclusion 3. Methods for Determining the Existence of a Duty of Care I. Introduction II. The Aftermath of Donoghue v Stevenson III. The Staggering March of Negligence IV. The Rise and Fall of Anns v Merton V. Caparo VI. Canada and the ‘Two Stage’ Test VII. Assumption of Responsibility and the ‘Extended’ Hedley Byrne Principle VIII. Australia and the ‘Salient Features’ Test IX. Pockets X. Incrementalism XI. Conclusion 4. Factual Duty I. Introduction II. The Dual Function of Duty III. Factual Duty, Fault, and Remoteness IV. Factual Duty and the Problem of the Unforeseeable Plaintiff V. Why Factual Duty Entered the Duty Enquiry and Why it Remains VI. Why Does it Matter? VII. Conclusion 5. Notional Duty I: General Principles I. Introduction II. The ‘Categorical’ Nature of Notional Duty III. Assumptions of Responsibility IV. Putting it all Together: The Structure of the Notional Duty Enquiry V. A Suggested Approach to Resolving Notional Duty Problems VI. Conclusion 6. Notional Duty II: Theoretical Issues I. Introduction II. The Use of Policy Considerations III. The Need for Notional Duty IV. Conclusion 7. Comparing the Duty Methodologies of Australia, Canada and the UK I. Introduction II. The Study III. The Competing Methodologies IV. Conclusion 8. Conclusion I. Introduction II. Moving Forward III. Conclusion

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Book SynopsisDoes private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.Trade ReviewThe book … is filled with brilliant insights and stimulating points. -- Giuseppe Portonera * European Review of Private Law *The book is a great contribution to the literature on private law remedies and will no doubt be read by everyone with an interest in the field. -- Kate de Contreras, King’s College London * Journal of Professional Negligence *Table of ContentsINTRODUCTION 1. Punishment and Private Law Wayne Courtney, National University of Singapore, and James Goudkamp, University of Oxford, UK PART II HISTORY, THEORY AND CONCEPTS 2. Punishment in Private Law – No Such Thing (Any More) Kit Barker, University of Queensland, Australia 3. Punishment and Private Law: Some Comparative Observations Solène Rowan, Australian National University 4. Privacy, Punishment and Private Law Andrew Roberts, Melbourne Law School, Australia, and Megan Richardson, Melbourne Law School, Australia 5. Punishments and Penalties in Private Law, with Particular Reference to the Law Governing Fiduciaries James Penner, National University of Singapore 6. The Ultimate Sanction: The Purpose and Role of Contempt in Private Law Litigation David Rolph, Sydney Law School, Australia PART III PUNITIVE DAMAGES 7. Punitive Damages Transformed into Societal Damages Catherine M Sharkey, New York University, USA 8. Punitive Damages: Ten Misconceptions James Goudkamp, University of Oxford, UK, and Eleni Katsampouka, University of Oxford, UK 9. Exemplary Damages in Contract Law Katy Barnett, Melbourne Law School, Australia 10. Effecting Deterrence through Proportionate Punishment: An Assessment of Statutory and General Law Principles Elise Bant, University of Western Australia, and Jeannie Marie Paterson, Melbourne Law School, Australia 11. Vicarious Punishment: Vicarious Liability for Exemplary Damages? Phillip Morgan, University of York, UK PART IV LIMITING PUNISHMENT 12. Agreed Punishment Wayne Courtney, National University of Singapore 13. Controlling Private Punishment in Three Dimensions: Penalties and Forfeiture in England and Australia Nicholas A Tiverios, University of Western Australia, and Ben McFarlane, University of Oxford, UK 14. Penalty in the Contract of Employment: The Good, the Bad (Leavers) and the Ugly Mimi Zou, University of Reading, UK, and Hin Liu, University of Oxford, UK PART V CONCLUSION 15. Punishment and Private Law: Future Themes and Perspectives Elise Bant, University of Western Australia, and Jeannie Marie Paterson, Melbourne Law School, Australia

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Book SynopsisThe 2nd edition of Green and Gardner's Tort Law textbook provides students with a clear overview of tort law with focus and precision. It includes clear explanations of core legal principles and recent legal developments with lively discussions of key academic perspectives. Extended problem questions, flowcharts and relatable examples help students to understand how law works in a practical context and prepares them for success in assignments and exams. Engaging pedagogical features, such as Viewpoint' and Making Connections', encourage students to develop their own critical thinking practice and appreciate how tort law interacts with other areas of the core law curriculum.Practical and student-friendly with engaging visual features, Tort Law is an essential companion for all undergraduate tort law modules, for students of all abilities.Accompanying online resources for this title can be found at bloomsbury.pub/tort-law-2e. These resources are designed to support teaching and learning when using this textbook and are available at no extra cost.

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Book SynopsisNEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays...Taken together they represent a coherent and compelling exposition of the English law of obligations...One is left with the picture of an [author] ...who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ...together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis" Andrew Tettenborn, The Cambridge Law Journal, 1999 "..quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important." Paul Kearns, Anglo-American Law Review, 1999 "an extremely important work, produced by a leading academic." David Wright, Adelaide Law ReviewTrade ReviewAndrew Burrows collection mirrors his broad interests in and undogmatic approach to all aspects of basic private law: contract, tort and restitution receive about equal treatment. Stephen A. Smith University of Toronto Law Journal January 2001 [These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ...together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis. Andrew Tettenborn Cambridge Law Journal January 2001 This is a fascinating and thought-provoking collection of eight essays Taken together they represent a coherent and compelling exposition of the English law of obligations One is left with the picture of an [author]... who remains a devotee of practical scholarship and the deductive technique of the common law and has a grasp on its intricacies second to none. Edwin Peel Law Quarterly Review February 2003Table of ContentsDividing the law of obligations; solving the problem of concurrent liability; understanding the law of restitution - a map through the thicket; free acceptance and the law of restitution; restitution - where do we go from here?; in defence of tort; legislative reform of remedies for breach of contract; improving contract and tort - the view from the Law Commission.

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Book SynopsisThis book is a collection of essays examining the remedy of contract damages in the common law and under the international contract law instruments such as the Vienna Convention on Contracts for the International Sales of Goods and the UNIDROIT Principles of International Commercial Contracts. The essays, written by leading experts in the area, raise important and topical issues relating to the law of contract damages from both theoretical and practical perspectives. The book aims to inform readers of current developments, problems, trends and debates surrounding contract damages and reflects an ongoing dialogue on damages among representatives of common law, civil law, mixed and trans-national legal systems. The general issues addressed in the collection include the purpose and scope of damages, the measures of damages, recoverability of losses, methods of limiting damages and the assessment of damages. A special emphasis is placed on the examination of the role of gain-based damages, the meaning and definition of loss, the recoverability of damages for injury to business reputation, the recoverability of legal fees, the rules of mitigation and foreseeability, the dilemma between the 'abstract' and 'concrete' approaches to the calculation of damagesand the relationship between changes in monetary value and the assessment of damages.Trade ReviewThis collection of essays is one result of a conference in June 2007 in Birmingham University's attractive Business School, part of which I had the pleasure of chairing. Their focus is on a traditionally somewhat neglected field, but one of domestic and international significance to which increasing attention has rightly been addressed in recent years.The essays take damages in the widest (perhaps even controversial) sense of the word, with a number of papers tackling the border territory where 'restitutionary damages' may represent an alternative to reliance and expectation measures. This is territory where, since the House of Lords' decision in Attorney General v Blake in 2000, no practitioner can afford to be lost. But the maps are still being written, with academic assistance playing an invaluable role. The courts will for some time be engaged in implementing Lord Steyn's injunction in Blake to hammer out 'on the anvil of concrete cases' exceptions to the general principle that there is no remedy for disgorgement of profits in cases of breach of contract. The whole collection includes essays by a range of distinguished experts which address not only the philosophical underpinning of the law of damages, but also more specifically topics such as the UN Convention on the International Sale of Goods and UNIDROIT principles. Together, these essays represent a valuable, informative and stimulating body of material, for both study and reference. The organisers, Ralph Cunnington and Djakhongir Saidov, are to be congratulated for arranging the conference and marshalling, as a result, a most interesting set of contributions to learning in this important field. Lord Mance 31/10/07 The work is an informative source of information for current developments, problems, trends and debates surrounding contract damages. Anthony Lo Surdo Australian Banking and Finance Law Bulletin Vol 24, No 4 ...there is simply not space to do justice to the volume's many noteworthy contributions... David Winterton Law Quarterly Review Vol 125, April 2009 ...this is certainly a collection of essays worth having in one's library. Tham Chee Ho Singapore Journal of Legal Studies December 2008 The publisher, Hart Publishing, should be complimented for this excellent product...This book goes a considerable way towards opening our eyes to the complexities of the damages question in modern contract law. This is a book for academics and practitioners alike. For those involved in the field it is an important summation of the state of play. Donald Robertson Journal of Contract Law ...a rich, diverse and stimulating body of works that provokes the reader to rethink and rediscover the law of contract damages...The book's meticulous and critical treatment of the law as it stands in different legal systems and under different international instruments will give the reader not only a firm grasp of the current problems, but also a sure foundation for dealing with novel ones as they arise. Pey-Woan Lee Journal of Business Law Volume 5, 2009 ... a highly improving read which should leave even the most demanding remedies buff satisfied. Andrew Tettenborn Bracton Professor of Law, University of Exeter Lloyd's Maritime and Commercial Law QuarterlyTable of ContentsCurrent Themes in the Law of Contract Damages: Introductory Remarks DJAKHONGIR SAIDOV AND RALPH CUNNINGTON Part I The Purpose and Scope of Damages 1 The Law of Damages: Rules for Citizens or Rules for Courts? STEPHEN A SMITH 2 Economic Aspects of Damages and Specific Performance Compared DANIEL FRIEDMANN 3 The Scope of the CISG Provisions on Damages INGEBORG SCHWENZER AND PASCAL HACHEM 4 Using the UNIDROIT Principles to Fill Gaps in the CISG JOHN Y GOTANDA Part II The Measures of Damages 5 The Economic Basis of Damages for Breach of Contract: Inducement and Expectation ANTHONY OGUS 6 Damages and the Protection of Contractual Reliance PETER JAFFEY 7 Are 'Damages on the Wrotham Park Basis' Compensatory, Restitutionary or Neither? ANDREW BURROWS 8 Gains Derived from Breach of Contract: Historical and Conceptual Perspectives STEPHEN WADDAMS 9 The Measure and Availability of Gain-based Damages for Breach of Contract RALPH CUNNINGTON Part III Methods of Limiting Damages 10 The Limitation of Contract Damages in Domestic Legal Systems and International Instruments ALEXANDER KOMAROV 11 No Need to Limit Where There is No Promise? JAN RAMBERG 12 Remoteness: New Problems with the Old Test ADAM KRAMER 13 Hadley v Baxendale v Foreseeability under Article 74 CISG FRANCO FERRARI 14 The Role of Mitigation in the Assessment of Damages HARVEY McGREGOR QC Part IV The Assessment of Damages 15 Expectation Damages: Avoided Loss, Offsetting Gains and Subsequent Events DAVID McLAUCHLAN 16 Damage to Business Reputation and Goodwill under the Vienna Sales Convention DJAKHONGIR SAIDOV 17 Actual Damages, Notional Damages and Loss of a Chance MICHAEL FURMSTON 18 The Market Rule of Damages Assessment MICHAEL BRIDGE 19 Changes in Monetary Values and the Assessment of Damages CHARLES PROCTOR

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Book SynopsisWhile feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. The books also includes chapters examining the theoretical and conceptual issues raised by the process and practice of feminist judging, and by the judgments themselves, including the possibility of divergent feminist approaches to legal decision-making. From the foreword by Lady Hale 'Reading this book ought to be a chastening experience for any judge who believes himself or herself to be both true to their judicial oath and a neutral observer of the world...If lawyers and judges like me have so much to learn from reading this book, then surely other, more sceptical, lawyers and judges have even more to learn...other scholars, and not only feminists, must also be fascinated by the window it opens onto the process of judicial reasoning: not the straightforward, predetermined march from A to B of popular belief, but something altogether more complicated and uncertain. And anyone will find it a very good read.'Trade ReviewNo sane person doubts that the law has been historically constructed by men and that gender equality in the law is an ongoing struggle. It's a mark, nevertheless of how well the struggle has been conducted that a series of workshops has now culminated in this highly original enterprise: a volume of leading judgments of the courts of England and Wales recast as a feminist judge might have written them. The Rt. Hon. Sir Stephen Sedley The Association of Women Barristers Website What's unique about Feminist Judgments is that it does not merely criticise self-proclaimed feminist judges for not being feminist enough. It actually provides the missing judgments that the authors think a feminist judge might have written in more than 20 leading cases from England and Wales. Crucially, the authors have attempted to write rulings based in the law at the times each case was heard. Joshua Rozenberg Law Society Gazette October 28th 2010 Within each of the chapters on the cases themselves, there is a commentary giving basic facts and important information to establish the foundations of the issues and to discuss why the case is significant. The commentary is extremely helpful, as no user is likely to be an expert in all the areas under consideration. Penetrating analysis, with a full, detailed but clear exposition that leaves few stones unturned. Penny Booth Times Higher Education 4 November 2010 To this editor's knowledge, no similar undertaking has been attempted. Even if there were a number of them, they would not likely compare favorably to this adept method of sensibly rewriting judicial history. American Society of International Law Newsletter January 2011Table of ContentsPart I Introduction and Overview 1 Feminist Judgments: An Introduction Rosemary Hunter, Clare McGlynn and Erika Rackley 2 An Account of Feminist Judging Rosemary Hunter 3 The Art and Craft of Writing Judgments: Notes on the Feminist Judgments Project Erika Rackley Part II Parenting 4 Evans v Amicus Healthcare Ltd Commentary: Sally Sheldon Judgment: Sonia Harris-Short 5 Re N (A Child) Commentary: Emily Jackson Judgment: Samantha Ashenden 6 Re G (Children) (Residence: Same-Sex Partner) Commentary: Daniel Monk Judgment: Alison Diduck 7 Re L (A Child) (Contact: Domestic Violence) Commentary: Christine Piper Judgment: Felicity Kaganas 8 Re A (Children) (Conjoined Twins: Surgical Separation) Commentary: Richard Huxtable Judgment: Geraldine Hastings Part III Property and Markets 9 Royal Bank of Scotland v Etridge (No 2) Commentary: Alison Diduck Judgment: Rosemary Auchmuty 10 Porter v Commissioner of Police for the Metropolis Commentary: Maureen O'Sullivan Judgment: Anna Grear 11 Baird Textile Holdings v Marks & Spencer Plc Commentary: John Wightman Judgment: Linda Mulcahy and Cathy Andrews Part IV Criminal Law and Evidence 12 R v A (No 2) Commentary: Louise Ellison Judgment: Clare McGlynn 13 R v Stone and Dobinson Commentary: Neil Cobb Judgment: Lois Bibbings 14 R v Brown Commentary: Matthew Weait and Rosemary Hunter Judgment: Robin Mackenzie 15 R v Dhaliwal Commentary: Mandy Burton Judgment: Vanessa Munro and Sangeeta Shah 16 R v Zoora (Ghulam) Shah Commentary: Susan Edwards Judgment: Samia Bano and Pragna Patel 17 Attorney-General for Jersey v Holley Commentary: Clare Connelly Judgment: Susan Edwards Part V Public Law 18 YL v Birmingham City Council and Others Commentary: Morag McDermont Judgment: Helen Carr and Caroline Hunter 19 R (Begum) v Governors of Denbigh High School Commentary: Holly Cullen Judgment: Maleiha Malik 20 Sheffield City Council v E Commentary: Jonathan Herring Judgment: Nicola Barker and Marie Fox 21 R v Portsmouth Hospitals NHS Trust, ex parte Glass Commentary: Anne Morris Judgment: Jo Bridgeman Part VI Equality 22 Roberts v Hopwood Commentary: Stephanie Palmer Judgment: Harriet Samuels 23 Mundon v Del Monte Foods Ltd Commentary: Gwyneth Pitt Judgment: Rachel Horton and Grace James 24 James v Eastleigh Borough Council Commentary: Joanne Conaghan Judgment: Aileen McColgan 25 Wilkinson v Kitzinger Commentary: Karon Monaghan Judgment: Rosie Harding 26 EM (Lebanon) v Secretary of State for the Home Department Commentary: Judy Walsh Judgment: Karon Monaghan

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Book SynopsisIt is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book also examines the substantive changes brought about in contractual mistake by the Judicature Act 1873 and the fusion of law and equity. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law but also the fate of legal transplants.Trade ReviewMacMillan has produced a stimulating and, at times refreshing account of mistake [which] will be of interest to any modern lawyers and law students curious to know what caused all the confusion in the first place. -- Warren Swain * The Edinburgh Law Review, Volume 15, Issue 2 *...a fascinating insight into the background of current difficulties for anyone interested in contract law. -- Duncan Sheehan * Restitution Law Review *...clearly of value for those interested in contract and commercial law, but it also provides much to think about for those who are interested in the history and development of the law in general, and the interactions between different legal systems specifically. -- Dr Sean Thomas * The Journal of Business Law, Issue 7 *The author has ... meticulously researched each of the principal judicial pronouncements that has assisted in the development and understanding of the doctrine of mistake...a useful historical analysis. -- Anthony Lo Surdo * Australian Banking and Finance Law Bulletin, Volume 26, Number 5 *...this is a legal history book. It will clearly be of interest to legal historians and to academics who want to know how the law developed to its current state. -- David Capper * Canadian Business Law Journal, Volume 49 *...there can be no denying that [MacMillan] has produced a very worthwhile and thorough book. It is impressively wide-ranging, carefully researched, and brings to light previously overlooked evidence about the development of mistake in the English law of contract. As a result of it, our understanding of this difficult doctrine has taken a big step forward. -- Paul Mitchell * The Journal of Legal History 32: 1 *Table of Contents1. Introduction 2. Contractual Mistake in Roman Law: From Justinian to the Natural Lawyers The Law of the Romans Roman Contract Law Roman Contract Law and Mistake Mistakes as to the Identity of a Contracting party: Error in persona Mistakes as to the Price to be Paid: Error in pretio Mistakes as to the Subject Matter of the Contract Medieval Roman Law 3. Contractual Mistake in English Law: Mistake in Equity before 1875 The Jurisdiction and Procedures of Chancery Reasons for the Intervention of Equity An Unconscientious Advantage Obtained by Mistake Agreement did not Conform to Parties' Intentions Instances Short of Fraud Protection of a Weaker Party The Limits of Equitable Intervention Forms of Equitable Relief for Mistake Rectification Specific Performance Rescission Conclusions 4. The Lack of Contractual Mistake at Common Law and the Nineteenth-century Transformation of Procedure Pleading Equitable Defences Evidence and the Pre-trial Discovery of Facts Pre-trial Discovery Witnesses Matters of Law rather than Fact Conclusions 5. Pothier and the Development of Mistake in English Contract Law Pothier and the Traité des Obligations Pothier and English Contract Law Early Contract Treatise Writers Colebrooke and Contract Law Macpherson and the Indian Contract Act 1872 Leake: The First Scientific Treatise Writer of Contract Law Judah Benjamin—The Living Transplant Conclusions 6. Von Savigny and the Development of Mistake in English Contract Law Von Savigny and German Legal Development Von Savigny and Contract Von Savigny and Mistake Sir Frederick Pollock Pollock's Principles of Contract Pollock as Will Theorist Pollock and Mistake The Changes in Pollock's Principles Sir William Anson and the Principles of the English Law of Contract Anson and Mistake Anson Modifies his Treatment of Mistake Conclusions 7. The Creation of Contractual Mistake in Nineteenth-century Common Law An Absence of Subject Matter: Couturier v Hastie (1856) Mistake which Prevents Agreement—Raffles v Wichelhaus (1864) Mistake as to a Quality of the Subject Matter—Kennedy v The Panama, New Zealand, and Australian Royal Mail Company (Limited) (1867) Unilateral Mistake rarely renders a Contract Void—Smith v Hughes (1871) Conclusions 8. Mistake of Identity An Absence of Mistake of Identity in English Law Identity Frauds: Criminal Law and the Law of Obligations Hardman v Booth: A Turning Point Cundy v Lindsay: The Beginning of Mistake of Identity The Treatise Writers and the Development of Mistake of Identity New Legislation and a Changed Judicial Approach Conclusions 9. Mistake after Fusion The Judicature Act 1873 Equitable Mistake in the Chancery Division of the High Court The Impact of Procedural Unity upon Substantive Law Reform and Perform The Growing Necessity for the Mistake to be Bilateral The Increasing Rigidity of Equitable Relief Substantive Fusion of Mistake A Reduced Ambit for Mistake in Equity Common Law Mistake in the High Court The Importance of Bell v Lever Brothers The Court of Appeal The House of Lords The Importance of Solle v Butcher Conclusions 10. Summary and Conclusions Summary Conclusions Common Law Legal Development Transplants Contractual Mistake in Modern law

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Book SynopsisThe law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.Trade Review...a welcome contribution. With its careful analysis and clear prose, the book warrants our serious attention. -- Graeme Austin * New Zealand Law Journal *...this book is a gem. It is beautifully clear in its exposition, and thorough in its examination of the area which has long needed such a look. Academic tort lawyers will love it and practitioners will find it extremely useful in clarifying their approach to arguing defences. It is worth having in your library. -- Prue Vines * Australian Civil Liability *... a highly original and insightful analysis into the law of defences to torts as a whole [that] is certainly worthwhile reading. -- James Plunkett * Australian Law Journal, Volume 88 *... an excellent, thought-provoking and rigorously analytical book, which is clearly written and meticulously researched. -- Paul Mitchell * Sydney Law Review, Volume 36 *...Goudkamp's book is the first scholarly study of tort law defences as a whole, and as such is a major addition to the scholarship of tort law. The range of the author's scholarship is impressive, not only in its scale, in that it has extended over the whole field of the law of torts, but also jurisdictionally, and in the use he makes of criminal law scholarship about defences - which may be a first for torts scholars. There are passages which are heavy on theory...which are particularly telling in showing the author's mastery of such areas. The work as a whole has carved out a new area in tort law research and is a most impressive contribution to the scholarly literature on this subject. -- Peter Handford * Torts Law Journal, Volume 21 *... Tort Law Defences... forces everyone with a serious interest in tort (and more widely in private law) to think harder about the topic. ...this is the first serious study devoted to the subject in the common-law world. That tort law defences have been under-analysed is self-evident: indeed, Goudkamp’s namesake book is the first serious attempt to conceptualise them. This is enough in itself to make it a landmark in tort scholarship. If defences are one day recognised as a coherent field of study, it will be in large part this book’s heritage. ... Tort Law Defences is ... a pioneering work. It challenges us to think harder about doctrines which are extremely important, both on a theoretical and a practical level. -- Eric Descheemaeker * The Modern Law Review, Volume 77(3) *... the book is impeccably researched and readable. -- Peter Fagan * New South Wales Law Society Journal, 2014 *In this very significant and thought-provoking book, James Goudkamp offers a fresh conceptualisation of the law governing tort defences, and does so with a rigour and energy that make the book a chellenging yet highly worthwhile study... It is an invaluable addition to torts scholarship. This fine book makes an ambitious argument that is sustained by rigorous scholarship and expressed with clarity and cogency. It deserves to be read and analysed by all those interested in tort law and the law of obligations. -- Desmond Ryan * Legal Studies, volume 34, number 4 *James Goudkamp’s book can rightly claim to be the first serious attempt to examine tort law defences systematically and it is a very important addition to the private law canon…[his] analysis is consistently thought-provoking…this book will provide the framework for future analysis of all private law defences. -- Graham Virgo * The Cambridge Law Journal *James Goudkamp’s Tort Law Defences fills a startling gap in tort law scholarship, which has not previously made a serious attempt to classify or theorize about defences...Goudkamp’s book provides an impressive foundation for the future study of defences, and will undoubtedly become the standard against which all other works are measured. -- Erika Chamberlain * Canadian Business Law Journal *This book, a revised version of the author's doctoral thesis, is the first sustained attempt in the modern law to explore the theoretical foundations of the defences to liability recognised by the law of tort and their interrelationship...an instant classic. -- Annette Morris and Ken Oliphant * Yearbook of European Tort Law, 2013 *...this book is a pathbreaker in theorising about tort law defences and deserves a space on the shelves of law libraries and tort law academics. -- Kumaralingam Amirthalingam * Singapore Journal of Legal Studies *This ambitious new work is the first concerted attempt to develop a coherent theory of defences in tort. In doing so, it addresses many of the fundamental questions that need to be analysed in order to grasp the deeper nature of defences as a functional, normative instrument in tort law. The light shed on the functionality aspect is very helpful from a comparative perspective...written in a very clear and systematic nature and Goudkamp’s language is impressively precise and readable. His analyses are based on a wide range of very interesting theoretical material, and he is undoubtedly a very knowledgeable scholar in this area...an important stepping stone in both general law theory and general theory about private law. -- Anie Marie Froseth * Journal of European Tort Law *Table of Contents1 Introduction 2 Torts and Defences 3 Denials 4 A Taxonomy of Tort Law Defences 5 Applying the Taxonomy 6 Implications 7 Rival Taxonomies 8 Denials of Responsibility 9 Future Directions

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Book SynopsisThis book provides a comparative account of the legal and scientific issues relating to proof of causation in alleged cases of drug-induced injury, principally in Europe and North America. It seeks to assess whether, by using probabilistic approaches, the courts may more accurately determine the cause of adverse reactions contentiously associated with drugs. In four case studies (DES, Bondoctin, vaccine damage and "Gulf War Syndrome"), the deficiencies of orthodox approaches to causation are revealed. A sustained argument is presented in favour of according greater weight to epidemological statistics, as refined by the application of the Bayes' Theorem. A valuable feature is the discussion of the role of expert witnesses, including an examination of how the author's proposals could be accommodated within the reformed civil process envisaged by the Woolf Report. The book also examines the economic implications of these proposals. It is a timely contribution to the resolution of the legal problems in this complex area of tort law.Trade ReviewThis book should be essential reading for all people interested in causation: for academics and students because of the questions it sees as important (and which one might like to argue with), and for practitioners because of its detailed practical and comparative coverage of the cases and legislation in the area. Prue Vines Adelaide Law Review September 2002 Richard Goldberg's book provides an excellent exposition of this fascinating and important subject... wonderfully researched and superbly referenced... a must for anyone with any interest in pharmaceutical litigation. The Review Editor Medical Litigation September 2002Table of ContentsCausation and medicinal products - a legal and probability analysis; diethylstilbestrol and causation; scientific evidence, causation and the law, lessons of Bendectin (debendox) litigation; vaccine damage and causation - a comparative perspective; causation, medicinal products and the "Gulf War Syndrome"; causation and medicinal products - an economic analysis; the development risk defence and medicinal products; possible economic consequences of probabilistic approaches to causation; conclusion.

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Book Synopsis1 Introduction.- Part I: Causal Theories and Psychological Causal: A First Approach.- 2 Initial Considerations.- 3 Critical Analysis of Theories of Causation.- Part II: Psychological Causation: Case Studies and Legal Dogmatics.- 4 Psychological Causation.- 5 Application of Theoretical Models to Practical Cases.- 6 Conclusion.

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Book SynopsisEinleitung.- Autonome Systeme: Technische Grundlagen.- Der Umgang mit von autonomen Systemen verursachten Schäden: Abgelehnte Lösungsansätze.- Grundlegung für die Haftungszuordnung über die Verkehrspflichten: Entwicklung und Funktionsweise der Verkehrspflichten.- Verkehrspflichten für die Nutzung autonomer Systeme.- Deliktische Haftung des Nutzers autonomer Systeme de lege ferenda.- Ergebnisse.- Literaturverzeichnis.

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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 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 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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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 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 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 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 SynopsisThe landscape of mass litigation in Europe has changed impressively in recent years, and collective redress litigation has proved a popular topic. Although much of the literature focuses on the political context, contentious litigation, or how to handle cross-border multi-party cases, this book has a different focus and a fresh approach. Taking as a starting-point the observation that mass litigation claims are a ‘nuisance’ for both parties and courts, the book considers new ways of settling mass disputes. Contributors from across the globe, Australia, Canada, China, Europe and the US, point towards an international convergence of the importance of settlements, mediation and alternative dispute resolution (ADR). They question whether the spread of a culture of settlement signifies a trend or philosophical desire for less confrontation in some societies, and explore the reasons for such a trend. Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.Trade Review’Legal systems worldwide are increasingly grappling with the legal and logistic complexities of collective actions and claims. Although the US-style class action contrasts sharply with the European focus on individual litigation, policy-makers throughout Europe are seeking to reduce judicial budgets, to enhance self-reliance through ADR schemes and to introduce new and efficient forms of redress through collective litigation. Meanwhile, the market for justice is becoming increasingly globalised. Thus, a sense of judicial competition between jurisdictions may accelerate a European movement towards new procedures and paradigms in the realm of collective redress. Against this background, this formidable collection of comparative essays on collective redress and ADR is both timely and unique. This book shows viable pathways to ensuring efficient and balanced collective redress. Excellent contributors and editors have jointly succeeded in connecting ADR and collective redress in ways previously considered disparate.’ -- Willem H. van Boom, Erasmus University Rotterdam, the Netherlands‘Resolving Mass Disputes is a timely, informative, and stimulating book. The contributed chapters analyze the phenomena of interest - mass dispute resolution in court-based systems and their alternatives - in numerous countries and the EU, and the insights they afford are nicely drawn together in a comprehensive introduction by the editors, Christopher Hodges and Astrid Stadler. As a result, the reader is enabled to understand and begin to evaluate comparatively the various mechanisms by which a broad array of common law and civil law systems currently resolve mass disputes.’ -- Stephen B. Burbank, University of Pennsylvania Law School, USTable of ContentsContents: 1. Introduction Christopher Hodges and Astrid Stadler 2. CADR and Settlement of Claims – A Few Economic Observations Michael Faure PART I: SETTLEMENTS OF MASS CLAIMS 3. Enforcing Mass Settlements in the European Judicial Area: EU Policy and the Strange Case of Dutch Collective Settlements (WCAM) Xandra E. Kramer 4. Collective Settlements in the Netherlands: Some Empirical Observations Ianika Tzankova and Deborah Hensler 5. Settlement and its Pitfalls in England and Wales Christopher Hodges 6. Class Actions and Settlement Culture in Canada Jasminka Kalajdzic 7. America’s Dynamic and Extensive Experience with Collective Litigation Richard Marcus 8. Mass Settlements in Australia Michael Legg 9. The Legislation and Judicial Practice of China’s Group Action Zhang Wusheng and Liao Haiqing PART II: CONSUMER ALTERNATIVE DISPUTE RESOLUTION 10. The Origins and Evolution of Consumer Dispute Resolution Systems in Europe Naomi Creutzfeldt 11. Out-of-Court Settlement of Consumer Disputes in Financial Services Iris Benöhr 12. Public Enforcement and A(O)DR as Mechanisms for Resolving Mass Problems: A Belgian Perspective Stefaan Voet 13. Online Dispute Resolution in the EU and Beyond – Keeping Costs Low or Standards High? Julia Hörnle Index

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Book SynopsisIn recent years collective litigation procedures have spread across the globe, accompanied by hot controversy and normative debate. Yet virtually nothing is known about how these procedures operate in practice. Based on extensive documentary and interview research, this volume presents the results of the first comparative investigation of class actions and group litigation 'in action'.Produced by a multinational team of legal scholars, this book spans research from ten different countries in the Americas, Europe, Asia and the Middle East, including common law and civil law jurisdictions. The contributors conclude that to understand how class actions work in practice, one needs to know the cultural factors that shape claiming, the financial arrangements that enable or impede litigation, and how political actors react when mass claims erupt. Substantive law and procedural rules matter, but culture, economics and politics matter at least as much.This book will be of interest to students and scholars of law, business and politics. It will also be of use to public policy makers looking to respond to mass claims; financial analysts looking to understanding the potential impact of new legal instruments; and global lawyers who litigate transnationally.Contributors: A. Barroilhet, C. Cameron, N. Creutzfeldt, M.A. Gómez, A. Halfmeier, D.R. Hensler, C. Hodges, K.-C. Huang, J. Kalajdzic, A. Klement, B. Stier, E. Thornburg, I. Tzankova, S. VoetTrade Review'Class Actions in Context is a penetrating analysis of class and group actions worldwide. A group of international scholars brings to bear legal, economic, and political analyses of this evolving judicial remedy. It explores various substantive claims ranging from consumer protection to securities litigation. Drawing on case studies of practice as well as legal analysis, it demonstrates the importance of factors running from litigation finance to background cultural traditions. It is worth study in every legal system.' --Geoffrey C. Hazard, University of California College of the Law, San Francisco, USTable of ContentsContents: PART I INTRODUCTION 1. The Global Landscape of Collective Litigation Deborah R. Hensler PART II CULTURE 2. The Culture of Collective Litigation: A Comparative Analysis Byron Stier and Ianika Tzankova 3. Smoke Signals from the South: The Unanticipated Effects of an ‘Unsuccesful’ Litigation on Brazil’s Anti-Tobacco Wars Manuel A. Gómez 4. Using Associations as a Vehicle for Class Action: The Case of Taiwan Kuo-Chang Huang 5. The Promise and Peril of Media and Culture: The Toyota Unintended Acceleration Litigation and the Gulf Coast Claims Facility in the United States Byron Stier 6. Collective Redress in Vie d’Or: A Reflection on a European Cultural Phenomenon Ianika Tzankova PART III ECONOMICS 7. Economic Enablers Camille Cameron, Jasminka Kalajdzic and Alon Klement 8. A Class Action ‘Mash-Up’: In Re Royal Dutch/Shell Transport Securities Litigation Deborah R. Hensler 9. Litigation as ‘Core Business’: Analyzing the Access to Justice and Regulatory Dimensions of Commercially Funded Class Actions in Australia Camille Cameron 10. The Class Attorney – An Agent Without a Principle: The Israeli Case of Shemesh V. Reichart Alon Klement 11. The Engine that Drives: Fees, Costs and the Canadian Class Action Jasminka Kalajdzic PART IV POLITICS 12. The Public Dimension of Private Collective Litigation: A Comparative Analysis Deborah R. Hensler and Elizabeth Thornburg 13. Litigation Without End? The Deutsche Telekom Case and the German Approach to Private Enforcement of Securities Law Axel Halfmeier 14. The L&H Case: Belgium’s Internet Bubble Story Stefaan Voet 15. Parallel Public and Private Responses: The Buncefield Explosion Naomi Creutzfeldt and Christopher Hodges 16. Public as Private and Private as Public: MTBE Litigation in the United States Elizabeth Thornburg 17. Self-Interested Gatekeeping? Clashes Between Public and Private Enforcers in two Chilean Class Actions Agustin Barroilhet PART V CONCLUSION 18. Class Action in Context Deborah R. Hensler Index

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Book SynopsisThis pioneering Handbook contains specially-commissioned chapters on tort law from leading experts in the field. This volume evaluates issues of vital importance to those seeking to understand and reform the tort law and the litigation process, taking a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral analysis. Topics discussed include products liability, medical malpractice, causation, proximate cause, joint and several liability, class actions, mass torts, vicarious liability, settlement, damage rules, juries, tort reform, and potential alternatives to the tort system. Scholars, students, legal practitioners, regulators, and judges with an interest in tort law, litigation, damages, and reform will find this seminal Handbook an invaluable addition to their libraries.Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral analysis of liability rules and the litigation process. Topics discussed include products liability, medical malpractice, causation, proximate cause, joint and several liability, class actions, mass torts, vicarious liability, settlement, damage rules, juries, tort reform, and potential alternatives to the tort system.Scholars, students, law practitioners, regulators, judges and economists with an interest in tort law, litigation, damages, and reform will find this seminal Handbook an invaluable addition to their libraries.Contributors: J. Arlen, L. Babcock, T. Baker, R. Cooter, A.F. Daughety, D. DePianto, S.S. Diamond, T. Eisenberg, R.A. Epstein, J. Furgeson, M.A. Geistfeld, M.F. Grady, L. Hardcastle, M. Heise, E. Helland, D.R. Hensler, K.N. Hylton, L.A. Kornhauser, R. Kraakman, G. Miller, J.F. Reinganum, J.M. Salerno, S.A. Seabury, C.M. Sharkey, P. Siegelman, E.L. Talley, M. Trebilcock, P.-E. Veel, W.K. Viscusi, A.L. Wickelgren, K. ZeilerTrade Review‘The highlight of this intellectually rich volume is the multiple perspectives it offers on the economic analysis of the tort system. In collecting these essays from leading legal scholars, Jennifer Arlen offers a wide range of empirical, institutional, and doctrinal dimensions of economic thought critical to assessing how our socio-legal system addresses the problem of accidental harm. The volume will serve as an invaluable contribution to the literature on the dynamic character of the tort system in action.’ -- Robert L. Rabin, Stanford Law School, US‘An indispensable resource for anyone interested in economic analysis of tort law, and tort law period. Professor Arlen has assembled an academic all-star team, and its members have prepared up-to-date, high quality, and accessible treatments of centrally important topics ranging from causation and damages to vicarious liability and insurance to tort reform and tort alternatives. With respect to the analysis of tort law through the lenses of empirical and microeconomic analysis, this is now the go-to volume.’ -- John Goldberg, Harvard Law School, US‘This Handbook redefines the boundaries of research in the economics of torts by integrating the standard model with a theoretical and empirical analysis of the institutions intervening before (contracts) and after (litigation) the occurrence of harm. It is an essential companion for scholars working in this field and provides plenty of new ideas for further research.’ -- Giuseppe Dari-Mattiacci, University of Amsterdam, The Netherlands‘In this beautifully edited volume, Jennifer Arlen has brought together an impressive line-up of outstanding scholars working in the area of tort liability. The volume showcases the great progress that has been made applying theoretical and empirical methodology to the study of law, and provides invaluable insights into directions for future research. Every scholar who is interested in the role of social science in legal scholarship will be stimulated and inspired by its contents.’ -- Kathryn E. Spier, Harvard Law School, USTable of ContentsContents: Introduction Jennifer Arlen PART I: OVERVIEW OF TORT LITIGATION 1. Empirical Analysis of Civil Litigation: Tort Trials in State Courts Michael Heise PART II: ECONOMIC ANALYSIS OF LIABILITY 2. Economic Analysis of Medical Malpractice Liability and its Reform Jennifer Arlen 3. Economic Analysis of Products Liability: Theory Andrew F. Daughety and Jennifer F. Reinganum 4. Causation in Tort Law: A Reconsideration Keith N. Hylton 5. Causation and Foreseeability Mark F. Grady 6. Fault Lines in the Positive Economic Analysis of Tort Law Mark A. Geistfeld 7. The Law and Economics of Liability Insurance: A Theoretical and Empirical Review Tom Baker and Peter Siegelman PART III: ECONOMIC ANALYSIS OF MULTI-PARTY LITIGATION 8. Economic Analysis of Joint and Several Liability Lewis A. Kornhauser 9. Economic Policy and the Vicarious Liability of Firms Reinier Kraakman 10. Group Litigation in the Enforcement of Tort Law Geoffrey Miller 11. The Socio-economics of Mass Torts: What We Know, Don’t Know and Should Know Deborah R. Hensler PART IV: THE LITIGATION PROCESS 12. Law, Economics, and the Burden(s) of Proof Eric L. Talley 13. Law and Economics of Settlement Abraham L. Wickelgren 14. Bounded Rationality in the Settlement Process: Empirical Evidence on the Causes of Settlement Failure in Litigation Linda Babcock and Joshua Furgeson 15. Contingent-fee Contracts in Litigation: A Survey and Assessment Eric Helland and Seth A. Seabury 16. Empirical Analysis of Juries in Tort Cases Shari Seidman Diamond and Jessica M. Salerno PART V: DAMAGES 17. Damages for Incompensable Harms Robert Cooter and David DePianto 18. Empirical Analysis of Tort Damages W. Kip Viscusi 19. Economic Analysis of Punitive Damages: Theory, Empirics, and Doctrine Catherine M. Sharkey PART VI: REFORM OF AND ALTERNATIVES TO THE TORT SYSTEM 20. The Empirical Effects of Tort Reform Theodore Eisenberg 21. Do Damage Caps Reduce Medical Malpractice Insurance Premiums? A Systematic Review of Estimates and the Methods Used to Produce Them Kathryn Zeiler and Lorian Hardcastle 22. No-fault Accident Compensation Systems Michael Trebilcock and Paul-Erik Veel 23. Alternatives and Complements: Liability and Regulation as Remedies for Physical Injury Richard A. Epstein Index

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Book SynopsisThe Research Handbook on EU Tort Law critically examines tort liability arising from EU law. It brings together for the first time different elements of EU tort law to provide a comprehensive overview of the institutional liability of the EU, member state liability and liability arising from a variety of EU legislation. Contributors are experts in their field and range from the UK and Ireland to France, Germany, the Netherlands and Hungary.The impact of EU tort law on national legal systems is wide-ranging. It extends to areas as diverse as consumer law, competition law, data protection law, employment law, insurance law and financial services law. The Research Handbook provides a detailed analysis of these areas of law and considers the extent to which we can now identify an emerging European culture of tort law. It further analyzes the impact of proposals to harmonise European tort law and considers the impact of Brexit on EU tort law.The Research Handbook offers an authoritative reference point for academics, students and practitioners studying or working in EU law, private law and comparative law. Comprehensive and informative, it is also accessible for those approaching the subject for the first time. Contributors include: J. Blackie, J. Davey, M. Faure, P. Giliker, M.-P. Granger, K. Gutman, J. Knetsch, D. Leczykiewicz, M. Martín-Casals, J. Mulder, L. Niglia, O. Odudu, C. Riefa, S. Saintier, A. Sanchez-Graells, K. Stanton, M. Stauch, F. WhiteTrade Review‘This Handbook provides both up-to-date knowledge for the practitioner dealing with EU tort law as well as food for thought for academics working on comparative tort law and EU private law. Doubtless, it will fulfil its stated “call to arms” of promoting critical -- examination of this (newly identified) field of law.’– Monique Hazelhorst, Common Market Law ReviewTable of ContentsContents: Preface 1. What do we mean by ‘EU tort law’? Paula Giliker 2. The non-contractual liability of the European Union: Principle, practice and promise Kathleen Gutman Part I: The interface of EU and national law 3. Compensatory remedies in EU law: The relationship between EU law and national law Dorota Leczykiewicz 4. Francovich liability before national courts: 25 years on, has anything changed? Marie-Pierre F. Granger 5. Directive 85/374/EEC concerning liability for defective products: In the name of harmonisation, the internal market and consumer protection Fidelma White 6. The interface of EU and national tort law: Competition law Okeoghene Odudu and Albert Sanchez-Graells 7. Data protection law Marc Stauch 8. Employment law Jule Mulder 9. A compulsory diet of chickens and eggs: The EU Motor insurance directives as a shadow tort regime James Davey 10. Financial services and regulation Keith Stanton 11. Unfair Commercial Practices Directive: Remedying economic torts? Christine Riefa and Séverine Saintier Part II: A culture of EU tort law? 12. A ‘European’ tort law? Comparative thoughts on an ‘essentially contested’ private law institution Leone Niglia 13. European tort law in Western Europe Jonas Knetsch Part III: Harmonising European tort law 14. The Principles of European Tort Law (PETL) at the beginning of a second decade Miquel Martín-Casals 15. The tort provisions of the Study Group on a European Civil Code and their uses John Blackie 16. The harmonisation of EU tort law: A law and economics analysis Michael Faure Part IV: Conclusion 17. The future of EU tort law Paula Giliker Index

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Book SynopsisFour Volume SetAn authoritative, in-depth study of issues in products liability litigation, this comprehensive treatise traces the law of products liability from its roots in contract and tort to its development into the challenging, complex modern law of the subject. Practically organized and clearly written, the treatise provides detailed descriptions of case law governing: what constitutes a product a general definition of products, followed by an in-depth examination of various types of product defects firms in the chain of distribution that can be liable for a product defect who in the consumer chain can make a claim for damages defenses involving consumer conduct general principles of proof and causation applicable to this area of law punitive damages the procedural and remedial concepts that surround the substantive law. Trial lawyers in products liability cases, corporate counsel for firms that manufacture or sell products, and casualty insurance firms will find this treatise a crucial resource in formulating litigation strategies. Its clear and fact-based approach makes it a valuable addition to court libraries, law school libraries, and courses in torts and products liability.Table of ContentsContents: VOLUME 1 PART I THEORIES OF LIABILITY 1. Representational Backgrounds 2. The Culpability Spectrum on Representations 3. Express Warranty 4. Tort Theory of Non-Fault Misrepresentation 5. Negligence and Intentional Torts 6. Implied Warranty 7. Strict Liability PART II THE DEFECT 8. General Definitions of Defect 9. Design Defects 10. State of The Art 11. Sources of Standards for Product Design and Performance VOLUME II PART III ECONOMIC RELATIONSHIPS IN PRODUCTS LIABILITY 12. Roles of Sellers and Providers 13. Successor Corporations 14. Adjusting Liabilities Among Distributors: Contribution, Indemnity, and Comparative Apportionment 15. The Role of Workers' Compensation 16. The Consumer Chain PART IV RISK ALLOCATION THROUGH BARGAINING AND PROVISION OF INFORMATION 17. Disclaimers 18. Used Products 19. Duty To Warn 20. Contributory Negligence and Assumption of Risk VOLUME III PART V CONSUMER CONDUCT 21. Misuse 22. Comparative Doctrines: Fault, Causation, and Liability PART VI PROBLEMS OF PROOF AND CAUSATION 23. General Legal Principles of Proof and Causation 24. Res Ipsa Loquitur and Related Doctrines of Inference 25. Remedial Changes VOLUME IV PART VII SPECIAL PROBLEMS OF CHARACTERIZATION 26. Theories of Liability in Conflict 27. The Economic Loss Problem 28. Characterization and Statutes of Limitations PART VIII REMEDIES AND PROCEDURES 29. Punitive Damages 30. Statutes of Limitations and Repose 31. Jurisdiction and Procedure PART IX GENERAL LEGAL ISSUES 32. Extended Consequences: Duty and Proximate Cause PART X LEGISLATION 33. State Statutes PART XI COMPARING PRODUCTS LIABILITY: CONCEPTS IN EUROPEAN AND AMERICAN LAW E1 Overview E2 Products and Consumers E3 Producers E4 Damages E5 Theory of Liability: Strict Liability E6 Defect E7 Warnings E8 Defenses E9 Proof E10 Apportionment of Liabilities E11 Repose and Limitations E12 Contracting Out: Prohibition of Exclusions E13 Remedies E14 Assessment Index

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Book SynopsisComparative Tort Law: Global Perspectives provides a framework for analyzing and understanding the current state of tort law in most of the world's legal systems. The book examines tort law theories and cultures through a comparative methodology. It looks at general issues at play throughout the globe, such as causation, economic and non-economic damages, product and professional liability, as well as the relationship between tort law and crime, insurance, and public welfare schemes. This collection of essays written by tort law experts from around the world also offers a comprehensive comparative assessment of tort law rules, and consideration for the cultural contexts in which tort laws live, covering many jurisdictions that are usually neglected by mainstream debates and literature. Insightful case studies analyze specific features of selected tort systems in Europe, USA, Latin America, East Asia, and sub-Saharan Africa. This path-breaking, though accessible book is a critical tool for students, policymakers, practitioners, scholars and academic researchers, especially tort law and comparative law specialists.Contributors: A. Basir Bin Mohamad, M. Bussani, E. Büyüksagis, D.N. Dagbanja, G. Dari-Mattiacci, M. de Morpurgo, M. Dyson, I. Ebert, E.A. Engle, J. Gordley, H. Jiang, E. Hondius, M. Infantino, D. Jutras, E. Matsumoto, V.V. Palmer, F. Parisi, M. Reimann, A.J. Sebok, S.D. Sugarman, S.C. Symeonides, F. WerroTrade Review'Edward Elgar Publishing has now produced a very high quality academic contribution to Tort case studies entitled 'Comparative Tort Law'. . . The global perspectives given here by Bussani and Sebok on comparing the law of tort in different jurisdictions is one of the best now available for tort practitioners and scholars!' -- - The Barrister Magazine'An admirably sprawling survey of tort law in its broadest sense. Some chapters offer important comparative insights into malpractice, products liability, liability for economic loss, and tort damages. Others helpfully address related topics including jurisdiction, choice of law, insurance, and the tort-crime interface. The reader is also treated to historical, economic, philosophical, and cultural analyses of tort, and to informative chapters on the operation of tort law in non-western legal systems. Entirely apt to our global era, Comparative Tort Law is an important resource and the perfect antidote to narrow, parochial conceptions of tort law's character and significance.' -- John C. P. Goldberg, Harvard Law SchoolTable of ContentsContents: 1. Introduction to Comparative Tort Law: Global Perspectives Mauro Bussani and Anthony J. Sebok PART I GENERAL ISSUES 2. The Many Cultures of Tort Liability Mauro Bussani and Marta Infantino 3. Tort Law and Conflict of Laws Symeon C. Symeonides 4. Tort Law and Human Rights Eric A. Engle 5. Tort and Crime Matthew Dyson 6. Liability Rules: An Economic Taxonomy Giuseppe Dari-Mattiacci and Francesco Parisi 7. Tort Law and Insurance Ina Ebert 8. Alternative Compensation Schemes from a Comparative Perspective Daniel Jutras PART II THE WESTERN LAW OF TORTS 9. The Architecture of the Common and Civil Law of Torts: An Historical Survey James Gordley 10. The Bounds Between Negligence and Strict Liability Franz Werro and Erdem Büyüksagis 11. Professional Liability Ewoud Hondius 12. Product Liability Mathias Reimann 13. Causation Theories and Causation Rules Marta Infantino 14. A Comparative-Law Sketch of Pure Economic Loss Vernon Valentine Palmer 15. Tort Damages for Non-economic Losses: Personal Injury Stephen D. Sugarman PART III – NON-WESTERN PERSPECTIVES 16. Tort Law in Japan Emi Matsumoto 17. Chinese Tort Law: Between Tradition and Transplants Hao Jiang 18. Customary Tort Law in Sub-Saharan Africa Dominic N. Dagbanja 19. Islamic Tort Law Abdul Basir Bin Mohamad 20. Tort Law in Latin America Marco de Morpurgo Index

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