The Evolution From Strict Liability To Fault In The Law Of Torts

Author : Anthony Gray
Publisher : Bloomsbury Publishing
ISBN 13 : 1509941010
Total Pages : 296 pages
Book Rating : 4.18/5 ( download)

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Download or read book The Evolution from Strict Liability to Fault in the Law of Torts written by Anthony Gray and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gradually, the law of tort has shifted away from a strict-liability approach to one where fault predominates. This book charts important case law documenting this shift. It seeks to understand how and why it occurred. Given that the Rylands v Fletcher decision is typically seen as a prime exemplar of strict liability, it focusses particularly on that case, as part of the historical development of tort law. It considers the intellectual arguments made in favour of strict liability, and for fault-based liability. Having done so, it then focusses on particular areas of the law of tort, including nuisance, defamation and trespass. It is somewhat anomalous that though most would view these as examples of torts of strict liability, fault considerations have become prominent in their application. This presents an uneasy compromise, where torts that are notionally strict in nature are infused with fault considerations, often through exceptions or defences. This book advocates for further development in the law of tort to better reflect a primarily fault-based approach to liability, at least in the common law. This would make the law of tort more coherent.

Author : Anthony Gray (Law teacher)
Publisher : Hart Publishing
ISBN 13 : 9781509941025
Total Pages : 384 pages
Book Rating : 4.29/5 ( download)

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Download or read book The Evolution from Strict Liability to Fault in the Law of Torts written by Anthony Gray (Law teacher) and published by Hart Publishing. This book was released on 2020 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Gradually, the law of tort has shifted away from a strict-liability approach to one where fault predominates. This book charts important case law documenting this shift. It seeks to understand how and why it occurred. Given that the Rylands v Fletcher decision is typically seen as a prime exemplar of strict liability, it focusses particularly on that case, as part of the historical development of tort law. It considers the intellectual arguments made in favour of strict liability, and for fault-based liability. Having done so, it then focusses on particular areas of the law of tort, including nuisance, defamation and trespass. It is somewhat anomalous that though most would view these as examples of torts of strict liability, fault considerations have become prominent in their application. This presents an uneasy compromise, where torts that are notionally strict in nature are infused with fault considerations, often through exceptions or defences. This book advocates for further development in the law of tort to better reflect a primarily fault-based approach to liability, at least in the common law. This would make the law of tort more coherent"--

Author : W. H. van Boom
Publisher : Kluwer Law International B.V.
ISBN 13 : 904112098X
Total Pages : 430 pages
Book Rating : 4.84/5 ( download)

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Download or read book Unification of Tort Law written by W. H. van Boom and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers various European countries, Israel, South Africa, and the United States.

Author : Kermit L. Hall
Publisher : Articles-Garlan
ISBN 13 :
Total Pages : 624 pages
Book Rating : 4.38/5 ( download)

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Download or read book Tort Law in American History written by Kermit L. Hall and published by Articles-Garlan. This book was released on 1987 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is a collection of essays on the growth of tort law concepts of negligence, fault, and liability in response to the industrialization of the nineteenth century. The articles assess the distributive economic consequences of tort law and its effectiveness in protecting average citizens.

Author : Edward J. Kionka
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 584 pages
Book Rating : 4.30/5 ( download)

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Download or read book Torts in a Nutshell written by Edward J. Kionka and published by West Academic Publishing. This book was released on 2005 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This Nutshell provides a comprehensive explanation of the basic principles and rules of American tort law as it exists today. This Nutshell has been used for over twenty-five years by law students, law graduates preparing for the bar exam, and others seeking an overview of tort topics. Coverage includes intentional torts and defenses, negligence and its defenses, strict liability, special liability rules for particular activities (such as landowners? liability, products liability, employers, employees, and contractors, and others), damages, the relation between tort and contract, immunities, survival and wrongful death, defamation, privacy, and misrepresentation. The introductory chapter provides background on the definitional dilemma; functions, goals and justifications of tort law; the evolution of tort law; and the roles of judges and juries. Citations to the Restatement of Torts are included. Discussions frequently include not only the rule but also its rationale for a clearer understanding and to aid memory."

Author : Richard A. Epstein
Publisher : Aspen Publishing
ISBN 13 : 1543820905
Total Pages : 1706 pages
Book Rating : 4.04/5 ( download)

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Download or read book Cases and Materials on Torts written by Richard A. Epstein and published by Aspen Publishing. This book was released on 2020-02-13 with total page 1706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases and Materials on Torts preserves historical and conceptual continuity between the present and the past, while addressing the most significant contemporary controversies in such fast-moving areas like public nuisance, global warming, and product liability, with new litigation against internet providers. Toward these dual ends, Richard A. Epstein and Catherine M. Sharkey have retained in the Twelfth Edition the great older cases, both English and American, that have proved themselves time and again in the classroom, and which continue to exert great influence on the modern law. Our book also provides a rich exploration of the dominant corrective justice and law-and-economics approaches to tort law, as exemplified both in the retained and new cases and materials. New to the Twelfth Edition: Extensive new treatment of public nuisance cases to address the profound expansion of the once-sleepy area of public nuisance law into the realms of the opioid crisis, toxic torts, and global warming. Major reconsideration of who counts as a seller in the chain of distribution for goods sold online with product liability updates for various forms of e-commerce, such as Amazon’s liability for defective products sold on its site. Updates to incorporate two major new Torts Restatements on Intentional Harms and Liability Insurance. The Reforms of the Michigan No-Fault Legislation Enhanced treatment of privacy in the era of “Big Data” to address trend of large data collectors like Facebook and Google to determine what is reasonable online, incorporating major privacy legislation such as California’s Consumer Privacy Act and the European GDPR (General Data Protection Regulation). Expansion of materials that address race and gender disparities in the setting of damages awards; and, in the realm of punitive damages innovative remedies directing some portion of the award to public interest groups. Professors and students will benefit from: Clear organizational framework of the book. Important lines of cases that help understand legal reasoning and the evolution of precedent Inclusion of key academic commentary and elaboration of central intellectual disputes over the nature and function of the tort law Ability to pick and choose modules of interest – such as defamation, privacy, and economic harms – which are of increasing importance in real world of tort litigation. Extensive notes with topic headlines that elaborate basic concepts and extend into the most complex contemporary issues facing courts. Great attention given to cutting edge tort developments.

Author : Tony Honoré
Publisher : Hart Publishing
ISBN 13 : 1841130052
Total Pages : 172 pages
Book Rating : 4.57/5 ( download)

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Download or read book Responsibility and Fault written by Tony Honoré and published by Hart Publishing. This book was released on 1999-05-19 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Honore (formerly civil law, Oxford U.) develops themes implicit in his and Herbert Hart's 1985 Causation in the Law. In seven essays, he proposes a theory of outcome responsibility that finds intervening in the world to be sufficient to make someone responsible. To act and be responsible is to take risks, he says, so that responsibility can be a matter of luck rather than fault or merit. US distribution is by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR

Author : William M. Landes
Publisher : Harvard University Press
ISBN 13 : 9780674230514
Total Pages : 356 pages
Book Rating : 4.15/5 ( download)

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Download or read book The Economic Structure of Tort Law written by William M. Landes and published by Harvard University Press. This book was released on 1987 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a lawyer and an economist, this is the first full-length economic study of tort law--the body of law that governs liability for accidents and for intentional wrongs such as battery and defamation. Landes and Posner propose that tort law is best understood as a system for achieving an efficient allocation of resources to safety--that, on the whole, rules and doctrines of tort law encourage the optimal investment in safety by potential injurers and potential victims. The book contains both a comprehensive description of the major doctrines of tort law and a series of formal economic models used to explore the economic properties of these doctrines. All the formal models are translated into simple commonsense terms so that the "math less" reader can follow the text without difficulty; legal jargon is also avoided, for the sake of economists and other readers not trained in the law. Although the primary focus is on explaining existing doctrines rather than on exploring their implementation by juries, insurance adjusters, and other "real world" actors, the book has obvious pertinence to the ongoing controversies over damage awards, insurance rates and availability, and reform of tort law-in fact it is an essential prerequisite to sound reform. Among other timely topics, the authors discuss punitive damage awards in products liability cases, the evolution of products liability law, and the problem of liability for "mass disaster" torts, such as might be produced by a nuclear accident. More generally, this book is an important contribution to the "law and economics" movement, the most exciting and controversial development in modern legal education and scholarship, and will become an obligatory reference for all who are concerned with the study of tort law.

Author : John C. P. Goldberg
Publisher : Oxford Introductions to U.S. L
ISBN 13 : 0195373979
Total Pages : 437 pages
Book Rating : 4.74/5 ( download)

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Download or read book Torts written by John C. P. Goldberg and published by Oxford Introductions to U.S. L. This book was released on 2010 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christina Brooks Whitman, Francis A. Allen Collegiate Professor of Law, University of Michigan Law School --

Author : Franz Werro
Publisher :
ISBN 13 :
Total Pages : 540 pages
Book Rating : 4.37/5 ( download)

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Download or read book The Boundaries of Strict Liability in European Tort Law written by Franz Werro and published by . This book was released on 2004 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the light of twelve reports from different European jurisdictions, the present volume offers case studies covering among others liability of parents, of employers, of property owners, medical liability, product liability, and motorist liability. Achieving an unprecedented synthesis, this book should be of interest not only to those who work on European law reform projects, but also to those who practice private tort law and seek a better understanding of the foundations of liability, both on a national and an international level."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved