Автор: Plunkett James Название: Duty of Care in Negligence ISBN: 1509914846 ISBN-13(EAN): 9781509914845 Издательство: Bloomsbury Academic Рейтинг: Цена: 84480.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book aims to provide a detailed analysis and overview of the duty of care inquiry, drawing on both academic analyses and judicial experience in leading common law systems. It is the first book-length treatment of the subject in more than 25 years. Given the vast number of issues currently dealt with in the duty of care inquiry, the book forwards several original arguments that provide fresh and original insight into this core concept in tort law, both in academia and in practice. The main overall achievement is to provide clarity of the concept to the reader. This book will be of interest to tort lawyers and private lawyers, both in academia and practice. Revised Dissertation. (Series: Hart Studies in Private Law, Vol. 26) Subject: Private Law, Contract Law, Tort Law]
Автор: Worthington Sarah Название: Revolution and Evolution in Private Law ISBN: 1509913246 ISBN-13(EAN): 9781509913244 Издательство: Bloomsbury Academic Рейтинг: Цена: 126720.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution-death of the dinosaurs or development of flight-would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of the common law. The authors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment, and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future. Subject: Private Law, Contract Law, Tort Law, Equity & Trusts, Comparative Law, Property Law, Common Law]
Автор: Kutner, Peter B. Название: Advanced torts in a nutshell ISBN: 1642427799 ISBN-13(EAN): 9781642427790 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 50820.00 T Наличие на складе: Невозможна поставка. Описание: A concise and authoritative text on major areas of tort law typically included in Advanced Torts courses and casebooks. It includes defamation, invasion of privacy torts, malicious prosecution, wrongful death, actions for injuries to family relationships, and most of the numerous and increasingly important economic torts.
Автор: Stephenson Graham Название: Core Statutes on Contract, Tort & Restitution 2019-20 ISBN: 1352006545 ISBN-13(EAN): 9781352006544 Издательство: Springer Рейтинг: Цена: 11170.00 T Наличие на складе: Невозможна поставка. Описание: Well-selected and authoritative, Macmillan Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.
Автор: Jean Eggen Название: Toxic Torts in a Nutshell ISBN: 1640202366 ISBN-13(EAN): 9781640202368 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 51750.00 T Наличие на складе: Невозможна поставка. Описание: This work introduces the study of toxic torts and identifies the theories of liability related to both toxic products and environmental pollution. It also covers special defendants; insurance coverage issues; key defenses; causation and scientific evidence; and new theories of injury and damages.
Автор: Cane Peter Название: Key Ideas in Tort Law ISBN: 1509909427 ISBN-13(EAN): 9781509909421 Издательство: Bloomsbury Academic Рейтинг: Цена: 16890.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book offers nine key ideas about tort law that will help the reader to understand its various social functions and evaluate its effectiveness in performing those functions. The book focuses, in particular, on how tort law can guide people's behaviour, and the political and social environments within which it operates. It also provides the reader with a wealth of detail about the ideas and values that underlie tort 'doctrine'-tort law's rules and principles, and the way those rules and principles operate in practice. The book is an accessible introduction to tort law that will provide students, scholars and practitioners alike with a fresh and engaging view of the subject.
'In this masterful and engaging survey, Peter Cane provides an array of illuminating perspectives on the law of torts, laying bare its nature, structure and functions, as well as its legal, social and political context.'
Andrew Robertson, Professor of Law, Melbourne Law School
Автор: Du Plessis Paul Название: Wrongful damage to property in roman law ISBN: 1474434460 ISBN-13(EAN): 9781474434461 Издательство: Bloomsbury Academic Рейтинг: Цена: 100320.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This 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.
Автор: Ken Oliphant, Richard W. Wright Название: Medical Malpractice and Compensation in Global Perspective ISBN: 311026997X ISBN-13(EAN): 9783110269970 Издательство: Walter de Gruyter Рейтинг: Цена: 210690.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The papers in this collection are drawn from a symposium held in Vienna in December 2010. Organised by the Institute for European Tort Law and the Chicago-Kent Law Review, in collaboration with the European Centre of Tort and Insurance Law, the conference drew together legal experts from 14 national or regional systems across six continents. Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context, demonstrating the breadth of approaches currently taken around the world and revealing key areas of tension and the likely direction of future developments. Wherever possible, the analysis is supported by reference to empirical data. The 14 legal systems covered in the collection are Austria, Brazil, Canada, China, France, Germany, Italy, Japan, New Zealand, Poland, Scandinavia, South Africa, the United Kingdom and the United States. A general comparative introduction completes the collection.
How tort, contract, and restitution law can be reformed to better serve the social good
Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would reduce the cost and frequency of accidents, contract law would lubricate transactions, and restitution law would encourage people to benefit others. Unfortunately, the incentives in these laws lead to too many injuries, too little contractual cooperation, and too few unrequested benefits. Getting Incentives Right explains how law might better serve the social good.
In tort law, Robert Cooter and Ariel Porat propose that all foreseeable risks should be included when setting standards of care and awarding damages. Failure to do so causes accidents that better legal incentives would avoid. In contract law, they show that making a promise often causes the person who receives it to change behavior and undermine the cooperation between the parties. They recommend several solutions, including a novel contract called "anti-insurance." In restitution law, people who convey unrequested benefits to others are seldom entitled to compensation. Restitution law should compensate them more than it currently does, so that they will provide more unrequested benefits. In these three areas of law, Getting Incentives Right demonstrates that better law can promote the well-being of people by providing better incentives for the private regulation of conduct.
Автор: Hondius Название: The Development of Medical Liability ISBN: 1107475821 ISBN-13(EAN): 9781107475823 Издательство: Cambridge Academ Рейтинг: Цена: 44350.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Social expectations of what doctors and hospitals can achieve have changed significantly since 1850. This book looks at how the law in various European countries has adapted the liability of health professionals in tort and other systems of compensation.
Автор: Ernst Название: The Development of Traffic Liability ISBN: 1107475759 ISBN-13(EAN): 9781107475755 Издательство: Cambridge Academ Рейтинг: Цена: 44350.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Rail and road accidents arose as new sources of harm almost simultaneously across Western Europe. This volume uses national examples to show how different legal systems developed diverging solutions. The stability of each solution suggests that the background insurance position has been settled in these countries, albeit in differing ways.
Автор: Allan Beever Название: A Theory of Tort Liability ISBN: 1509903186 ISBN-13(EAN): 9781509903184 Издательство: Bloomsbury Academic Рейтинг: Цена: 89760.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Immanuel Kant's The Metaphysics of Morals, the book shows that Kant's theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law. The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues that there are three general kinds of liability found in the law of tort: liability for putting another or another's property to one's purposes directly, liability for doing something to a third party that puts another or another's property to one's purposes, and liability for pursuing purposes in a way that improperly interferes with the ability of another to pursue her legitimate purposes. It terms these forms: liability for direct control, liability for indirect control and liability for injury respectively. The result is a coherent, philosophical understanding of the structure of tort liability as an entire system. In developing its position, the book considers the laws of Australia, Canada, England and Wales, New Zealand and the United States. (Series: Hart Studies in Private Law, Vol. 16) Subject: Contract Law, Commercial Law, Tort Law, Legal Philsophy, Comparative Law, Restitution Law] ? ? ? ?
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