The Evolution from Strict Liability to Fault in the Law of Torts, Anthony Gray
Автор: Beuermann Christine Название: Reconceptualising Strict Liability for the Tort of Another ISBN: 1509917535 ISBN-13(EAN): 9781509917532 Издательство: Bloomsbury Academic Рейтинг: Цена: 84480.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book adopts a novel approach to resolving the present difficulties experienced by the courts in imposing strict liability for the tort of another. It looks beyond the traditional classifications of ‘vicarious liability’ and ‘liability for breach of a non-delegable duty of care’ and, for the first time, seeks to explain all instances of strict liability for the tort of another in terms of the various relationships in which the courts impose such liability. The book shows that, despite appearances, there is a unifying feature to the various relationships in which the courts currently impose strict liability for the tort of another. That feature is authority. Whenever the courts impose strict liability for the tort of another, the defendant is either vested with authority over the person who committed a tort against the claimant or has vested or conferred a form of authority upon that person in respect of the claimant. This book uses this feature of authority to construct a new expositive framework within which strict liability for the tort of another can be understood.
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] ? ? ? ?
Автор: Br?ggemeier Название: Modernising Civil Liability Law in Europe, China, Brazil and Russia ISBN: 1107682061 ISBN-13(EAN): 9781107682061 Издательство: Cambridge Academ Рейтинг: Цена: 33790.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Via a commentary on recent legislature on civil liability in China, Brazil and Russia, Gert Bruggemeier presents a proposal for reform of the area based on redesigning negligence and introducing stricter forms of liability.
Автор: Ken Oliphant, Gerhard Wagner Название: Employers` Liability and Workers` Compensation ISBN: 3110269961 ISBN-13(EAN): 9783110269963 Издательство: Walter de Gruyter Рейтинг: Цена: 235480.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The study will consist of reports from different countries and will focus on the compensation of occupational diseases and accidents.
Автор: Christine Beuermann Название: Reconceptualising Strict Liability for the Tort of Another ISBN: 1509952195 ISBN-13(EAN): 9781509952199 Издательство: Bloomsbury Academic Рейтинг: Цена: 35890.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book adopts a novel approach to resolving the present difficulties experienced by the courts in imposing strict liability for the tort of another. It looks beyond the traditional classifications of ‘vicarious liability’ and ‘liability for breach of a non-delegable duty of care’ and, for the first time, seeks to explain all instances of strict liability for the tort of another in terms of the various relationships in which the courts impose such liability. The book shows that, despite appearances, there is a unifying feature to the various relationships in which the courts currently impose strict liability for the tort of another. That feature is authority. Whenever the courts impose strict liability for the tort of another, the defendant is either vested with authority over the person who committed a tort against the claimant or has vested or conferred a form of authority upon that person in respect of the claimant. This book uses this feature of authority to construct a new expositive framework within which strict liability for the tort of another can be understood.
Автор: Bergkamp Название: Civil Liability in Europe for Terrorism-Related Risk ISBN: 1107100445 ISBN-13(EAN): 9781107100442 Издательство: Cambridge Academ Рейтинг: Цена: 120390.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book examines liability laws as they relate to terrorism-related damage. For instance, to what extent are facility operators, governments and security firms in Europe exposed to liability for terrorism-related damage? Furthermore, this book analyzes the policy question of whether legislative measures are necessary.
Автор: Israel Gilead, Michael D. Green, Bernhard A. Koch Название: Proportional Liability: Analytical and Comparative Perspectives ISBN: 3110282534 ISBN-13(EAN): 9783110282535 Издательство: Walter de Gruyter Рейтинг: Цена: 148700.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Causal uncertainty is a wide-spread phenomenon. Courts are often unable to determine whether a defendant’s tortious conduct was a factual cause of a plaintiff’s harm. Yet, sometimes courts can determine the probability that the defendant caused the plaintiff’s harm, although often there is considerable variance in the probability estimate based on the available evidence. The conventional way to cope with this uncertainty has been to apply the evidentiary rule of ‘standard of proof’. The application of this ‘all or nothing’ rule can lead to unfairness by absolving defendants who acted tortiously and may also create undesirable incentives that result in greater wrongful conduct and injustice to victims. Some courts have decided that this ‘no-liability’ outcome is undesirable. They have adopted rules of proportional liability that compensate plaintiffs according to the probability that their harm was caused by the defendant’s tortious conduct. In 2005 the Principles of European Tort Law (PETL) made a breakthrough in this regard by embracing rules of proportional liability. This project, building on PETL, endeavours to make further inquiries into the desirable scope of proportional liability and to offer a more detailed view of its meaning, implications, and ramifications.
Автор: Whittaker Название: The Development of Product Liability ISBN: 1107475562 ISBN-13(EAN): 9781107475564 Издательство: Cambridge Academ Рейтинг: Цена: 44350.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The legal problems of product liability have changed in response to new manufacturing and distribution methods. This examination of western-European legal systems combines legal history and comparative law to demonstrate how tort law has adapted to meet these new conditions.
Автор: Sarah Worthington, Andrew Robertson, Graham Virgo Название: Revolution and Evolution in Private Law ISBN: 1509938230 ISBN-13(EAN): 9781509938230 Издательство: Bloomsbury Academic Рейтинг: Цена: 47510.00 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 - which is subject to major change-inducing pressures, such as the death of the dinosaurs - 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 private law. The contributors 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.
In 1992, a preventable explosion at the Westray Mine in Plymouth, Nova Scotia, killed twenty-six miners. More than a decade later, the government introduced revisions to the Criminal Code of Canada aimed at strengthening corporate criminal liability. Bill C-45, dubbed the Westray bill, requires employers to ensure a safe workplace and attributes criminal liability to organizations for seriously injuring or killing workers and/or the public.
In Still Dying for a Living, Steven Bittle turns a critical eye on Canada’s corporate criminal liability law. Interweaving Foucauldian and neo-Marxist literatures with in-depth interviews and parliamentary transcripts, Bittle reveals how various legal, economic, and cultural discourses surrounding the Westray bill downplayed the seriousness of workplace injury and death, effectively characterizing these crimes as regrettable but largely unavoidable accidents. As long as the primary causes of workplace injury and death are not properly scrutinized, Bittle argues, workers will continue to die in the pursuit of earning a living.
Автор: Giliker Название: Vicarious Liability in Tort ISBN: 1107627486 ISBN-13(EAN): 9781107627482 Издательство: Cambridge Academ Рейтинг: Цена: 33790.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Vicarious liability is controversial: a principle of strict liability in an area of law dominated by fault-based liability. This book provides a detailed examination of the operation of the concept in both common and civil law legal systems.
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]
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