<p>All of the … contributions are thought-provoking and provide a much-needed theoretical perspective<br /><br />the book is essential reading for all private law scholars.<br /><br />[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.</p>

- 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

This 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.
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This book explores the links between tort law defences on a theoretical level, and examines the nature and scope of individual defences. It will be of value to academics and practitioners alike.

A. 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. Justifying 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

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This book is the first in a series of essay collections on defences in private law.

Systematic treatments of defences in private law as a connected field.
This series addresses tort law, unjust enrichment, contract law and equity, in that order. Its aim is to contribute to this theoretically challenging and practically important, yet understudied, area of the law.

The essays that constitute each of the collection in this series are written by some of the world’s leading judges and scholars. They bring together insights from several jurisdictions, including civilian jurisdictions. The series is of value to academics and practitioners alike.

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Produktdetaljer

ISBN
9781849465267
Publisert
2014
Utgiver
Bloomsbury Publishing PLC
Vekt
806 gr
Høyde
244 mm
Bredde
169 mm
Dybde
22 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
376

Biografisk notat

Andrew Dyson is an Assistant Professor in Private Law at the London School of Economics and Political Science.
James Goudkamp is a Fellow of Keble College, Oxford and an Associate Professor in the Oxford Law Faculty.
Frederick Wilmot-Smith is a Fellow by Examination at All Souls College, Oxford and Lecturer in Law at Balliol College.