Description
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. J
ustifying 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
