Overview

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.

Full Product Details

Author:   Dr Andrew Dyson ,  Dr James Goudkamp ,  Frederick Wilmot-Smith
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 16.90cm , Height: 2.00cm , Length: 24.40cm
Weight:   0.531kg
ISBN:  

9781509914166

ISBN 10:   1509914161
Pages:   376
Publication Date:   25 May 2017
Audience:   Professional and scholarly ,  College/higher education ,  Professional & Vocational ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

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

Reviews

All 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

All 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

Author Information

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.

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions