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OverviewThe late John Fleming, emeritus Professor of Law in the University of California at Berkeley, was the pre-eminent torts lawyer of the age; his Law of Torts has influenced generations of students and scholars, and remains a classic of legal literature. In this volume, distinguished academics and judges from around the world pay tribute to him in a collection of essays which range widely across tort law, legal theory, legal history and comparative law. Topics discussed include: tort and human rights; the duty of care in negligence; codification of the law of obligations in Europe; the basis of strict liability in particular and of responsibility generally in tort law; and aspects of products liability. These stimulating essays have much to say about the past, present and future of the law of obligations and will be of great interest to scholars and lawyers of all legal systems. From the editors' preface John Fleming was one of the most influential writers on the law of torts and comparative law in the English-speaking world this century. His towering contribution to scholarship is evidenced not only by the great prestige his work attracts in academic circles but also by the frequency and high respect with which his work is cited by judges in appellate courts of many jurisdictions. The authors of this collection of essays on the law of obligations intend it as a tribute to his achievements. Full Product DetailsAuthor: Peter Cane , Jane Stapleton (both Professors of Law, Law Program, Research School of Social Sciences, Australian National University, Canberra)Publisher: Oxford University Press Imprint: Clarendon Press Dimensions: Width: 16.30cm , Height: 2.90cm , Length: 24.20cm Weight: 0.859kg ISBN: 9780198264842ISBN 10: 0198264844 Pages: 350 Publication Date: 01 October 1998 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: Manufactured on demand ![]() We will order this item for you from a manufactured on demand supplier. Table of ContentsProfessor Stephen D Sugarman: An Appreciation of John Fleming Human Rights Lord Bingham of Cornhill: Tort and Human Rights Sir Anthony Mason: Human Rights and the Law of Torts Aspects of Negligence Lord Cooke of Thorndon: The Right of Spring Professor Jane Stapleton: Duty of Care Factors: a Selection from the Judicial Menus Tony Weir: The Staggering March of Negligence Theoretical Perspectives Professor Peter Cane: Retribution, Proportionality and Moral Luck in Tort Law Professor James Gordley: Responsibility in Crime, Tort and Contract for the Unforeseeable Consequences of an Intentional Wrong: A Once and Future Rule? Professor Gary T Schwartz: Rylands v Fletcher, Negligence and Strict Liability A European Perspective Professor Hein Koetz: Towards a European Civil Code: The Duty of Good Faith Professor Basil Markesinis: Reading Through a Foreign Judgment Professor Reinhard Zimmerman and Nils Jansen: Quieta Movere: Interpretative Change in a Codified System Product Liability Professor Werner Lorenz: Some Thoughts about International Product Liability Professor Stephen D. Sugarman: The Smoking War and the Role of Tort Law Delivering Compensation Professor Andre Tunc: Traffic Accidents Compensation under Tort Law and under a Specific Law Professor Harold Luntz: The Collateral Source Rule Thirty Years On A Bibliography of the Publications of John Gunther FlemingReviewsThis Festschrift is a worthy tribute to the towering contribution of Fleming to legal scholarship ... The volume is a valuable contribution to the analysis of contemporary tort problems. It will be of great interest to scholars, advocates and judges throughout the common law jursidictions, and also in European countries. * Johan Steyn, Law Quarterly Review, October 1999 * This excellent collection of essays in honour of John Fleming reflects both his international influence in several legal systems, and also his personal influence as a communicator, teacher and legal problem-solver ... throughout the text, this collection manages (like the scholar it honours) to combine the examination of broad general principles and policies, drawing on several legal categories and systems to see problems in their grand context, whilst at the same time exploring those same problems with a sharp eye for individual detail and nuance ... a thoroughly scholarly and absorbing collection. It is good value - more comprehensive than many other collections of similar price - and can be recommended as a worthy tribute to the doyen of tort writers . * Janet O'Sullivan, The Cambridge Law Journal 1999 * This excellent collection of essays in honour of John Fleming reflects both his international influence in several legal systems, and also his personal influence as a communicator, teacher and legal problem-solver ... throughout the text, this collection manages (like the scholar it honours) to combine the examination of broad general principles and policies, drawing on several legal categories and systems to see problems in their grand context, whilst at the same time exploring those same problems with a sharp eye for individual detail and nuance ... a thoroughly scholarly and absorbing collection. It is good value - more comprehensive than many other collections of similar price - and can be recommended as a worthy tribute to the doyen of tort writers . Janet O'Sullivan, The Cambridge Law Journal 1999 This Festschrift is a worthy tribute to the towering contribution of Fleming to legal scholarship ... The volume is a valuable contribution to the analysis of contemporary tort problems. It will be of great interest to scholars, advocates and judges throughout the common law jursidictions, and also in European countries. Johan Steyn, Law Quarterly Review, October 1999 Author InformationPeter Cane was, until 1997, a fellow of Corpus Christi College, Oxford. He is now a Professor of Law in the Research School of Social Sciences at the Australian National University. Jane Stapleton was, until 1997, a fellow of Balliol College, Oxford. She is now a Professor of Law in the Research School of Social Sciences at the Australian National University. Tab Content 6Author Website:Countries AvailableAll regions |