Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Borderlines in Private Law

Borderlines in Private Law

Edited by: William Day, Julius Grower
Price: £90.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION
The Law of Rights of Light 2nd ed



 Jonathan Karas


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


The Evolution from Strict Liability to Fault in the Law of Torts (eBook)


ISBN13: 9781509941001
Published: February 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £38.69
The amount of VAT charged may change depending on your location of use.


The sale of some eBooks are restricted to certain countries. To alert you to such restrictions, please select the country of the billing address of your credit or debit card you wish to use for payment.

Billing Country:


Sale prohibited in


Due to publisher restrictions, international orders for ebooks may need to be confirmed by our staff during shop opening hours. Our trading hours are Monday to Friday, 8.30am to 5.00pm, London, UK time.


The device(s) you use to access the eBook content must be authorized with an Adobe ID before you download the product otherwise it will fail to register correctly.

For further information see https://www.wildy.com/ebook-formats


Once the order is confirmed an automated e-mail will be sent to you to allow you to download the eBook.

All eBooks are supplied firm sale and cannot be returned. If you believe there is a fault with your eBook then contact us on ebooks@wildy.com and we will help in resolving the issue. This does not affect your statutory rights.

This eBook is available in the following formats: ePub.

In stock.
Need help with ebook formats?




Also available as

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.

Subjects:
Tort Law, eBooks
Contents:
PART I. STRICT LIABILITY AND LEGAL HISTORY
1. Strict Liability and the Common Law
Ancient Times
English Law
Importance of Forms of Action
Influence of Criminal Law on the Civil Law
Fault becomes More (Expressly) Prominent in the Civil Law
Full Acceptance of Fault
Th e Important Influence of Statute on Development of the Common Law
Conclusion
2. Strict Liability and Particular Torts in Legal History
Strict Liability and Damage to Property Interests
Common Carriers
Innkeepers
Fire
Firearms
Animals
Unifying Factors, if Any, in Cases of Continued Strict Liability
Strict Liability and the Law of Defamation
Strict Liability and Trespass to the Person
Development of the Tort of Negligence
Conclusions
PART II. RYLANDS v FLETCHER STRICT LIABILITY IN THE COMMON LAW WORLD
3. Rylands v Fletcher in the United Kingdom
Introduction
Facts
Judgment of the Court of Exchequer
Judgment of the Exchequer Chamber
Judgment of the House of Lords
Reflections
Possible Explanations for the Decision in Rylands v Fletcher
Enterprise Risk-Type Philosophy
Reciprocal Risks
Subsequent UK Decisions
Conclusion
4. Comparative Approach to Rylands v Fletcher Liability
Australia
Canada
United States
Conclusion
PART III. THE THEORETICAL DEBATE: STRICT LIABILITY AND FAULT-BASED LIABILITY
5. Summary of the Theoretical Debate: Strict Liability and Fault-based Liability
Introduction
Jeremiah Smith
Young Smith
Fleming James
Gregory Keating
Utilitarian Support for Strict Liability: Jeremy Bentham
Richard Epstein
Howard Klemme
Albert Ehrenzweig
Christine Beuermann
Argument for Strict Liability based on Difficulties of Proof
Law and Economics: Guido Calabresi and Others
Judicial Consideration of these Rationales in the Context of Strict Liability
Theories against Strict Liability
Law and Economics and Negligence
Conclusion
6. Critical Reflections on the Justifications for Strict Liability
Inappropriateness of Taking into Account Loss Spreading and 'Efficiency' when Making Judicial Decisions
Inappropriateness of Focus on Deterrence
Use of Terms with Highly Contested Meanings
Liability for Non-reciprocal Risks
Who Gets the Benefits?
Difficulties of Proof
Th e Plaintiff 's Activity or Behaviour
Conclusion
PART IV. FAULT IN OTHER TORTS
7. Th e Tort of Nuisance and Fault
History and Early Development
Developments in UK Nuisance Law in the Last 50 Years
Some Australian Authorities
Academic Views
Reflections
Conclusion
8. Strict Liability in the Law of Defamation
Introduction to Freedom of Speech
Development of Law of Defamation
Early Examples of the Strictness with which Liability Attached for Defamation
Strict Liability Elsewhere in the Common Law World
Fault Considerations in UK Defamation Law
Introduction of Fault and Negligence Principles to American Defamation Law
Reflections
Conclusion
9. Trespass and Fault
Convergence of Trespass and Negligence – Case Law
Convergence between Trespass and Negligence – Academic Views
Conclusion

Series: Hart Studies in Private Law

Legislation and Reform in the Law of Obligations ISBN 9781849463188
To be published July 2030
Hart Publishing
£70.00
Resulting Trusts ISBN 9781849465489
To be published May 2029
Hart Publishing
£80.00
Rethinking Medical Negligence ISBN 9781509937790
To be published August 2028
Hart Publishing
£80.00
The Irreducible Core of the Trust ISBN 9781782257172
To be published May 2028
Hart Publishing
£60.00
Explaining Conscience in Private Law ISBN 9781509933648
To be published October 2025
Hart Publishing
£75.00
The Scope and Structure of Unjust Enrichment ISBN 9781509942435
To be published June 2025
Hart Publishing
£41.99
Private Law and Building Safety ISBN 9781509976607
To be published June 2025
Hart Publishing
£90.00
Data and Private Law ISBN 9781509966066
To be published March 2025
Hart Publishing
£44.99
Justice in Private Law ISBN 9781509953929
To be published March 2025
Hart Publishing
£41.99
Understanding Private Law: Essays in Honour of Stephen A. Smith ISBN 9781509971152
To be published January 2025
Hart Publishing
£100.00
Life and Death in Private Law ISBN 9781509969326
To be published December 2024
Hart Publishing
£85.00
Good Faith and Relational Contracts: Theory, Practice and Future Developments ISBN 9781509973057
Published October 2024
Hart Publishing
£90.00
Subrogation and Marshalling ISBN 9781509969227
Published October 2024
Hart Publishing
£85.00
£81.00
(ePub)
Buy
Subrogation and Marshalling (eBook) ISBN 9781509969234
Published October 2024
Hart Publishing
£76.50
(ePub)
Buy
The Commercial Uses of Trusts: Rethinking the Traditional Approach ISBN 9781509974054
Published October 2024
Hart Publishing
£85.00
The Commercial Uses of Trusts: Rethinking the Traditional Approach (eBook) ISBN 9781509974061
Published October 2024
Hart Publishing
£76.50
(ePub)
Buy
Vicarious Liability in the Common Law World
Edited by: Paula Giliker
ISBN 9781509963331
Published April 2024
Hart Publishing
£41.99
The Scope and Structure of Unjust Enrichment (eBook) ISBN 9781509942459
Published February 2024
Hart Publishing
£76.50
(ePub)
Buy
The Scope and Structure of Unjust Enrichment ISBN 9781509942442
Published February 2024
Hart Publishing
£85.00
£81.00
(ePub)
Buy
Data and Private Law ISBN 9781509966028
Published December 2023
Hart Publishing
£95.00
Data and Private Law (eBook) ISBN 9781509966035
Published December 2023
Hart Publishing
£85.50
(ePub)
Buy
Justice in Private Law ISBN 9781509953882
Published August 2023
Hart Publishing
£85.00
Justice in Private Law (eBook) ISBN 9781509953899
Published August 2023
Hart Publishing
£76.50
(ePub)
Buy
Economic Torts and Economic Wrongs ISBN 9781509954506
Published June 2023
Hart Publishing
£41.99
Corporate Attribution in Private Law ISBN 9781509941827
Published June 2023
Hart Publishing
£41.99
The Province and Politics of the Economic Torts ISBN 9781509955480
Published June 2023
Hart Publishing
£41.99
Punishment and Private Law ISBN 9781509949465
Published January 2023
Hart Publishing
£49.99
Vicarious Liability in the Common Law World (eBook)
Edited by: Paula Giliker
ISBN 9781509939084
Published October 2022
Hart Publishing
£37.79
(ePub)
Buy
The Evolution from Strict Liability to Fault in the Law of Torts ISBN 9781509947126
Published October 2022
Hart Publishing
£42.99
Justifying Private Rights ISBN 9781509944620
Published October 2022
Hart Publishing
£41.99
Vicarious Liability in the Common Law World
Edited by: Paula Giliker
ISBN 9781509939077
Published October 2022
Hart Publishing
£90.00
Unexpected Consequences of Compensation Law ISBN 9781509943678
Published March 2022
Hart Publishing
£36.99
Corporate Attribution in Private Law (eBook) ISBN 9781509941360
Published February 2022
Hart Publishing
£37.79
(ePub)
Buy
Corporate Attribution in Private Law ISBN 9781509941353
Published February 2022
Hart Publishing
£90.00
Contents of Commercial Contracts: Terms Affecting Freedoms ISBN 9781509945382
Published January 2022
Hart Publishing
£54.99
A Unified Approach to Contract Interpretation ISBN 9781509944408
Published January 2022
Hart Publishing
£41.99
Economic Torts and Economic Wrongs (eBook) ISBN 9781509934768
Published December 2021
Hart Publishing
£37.79
(ePub)
Buy
Economic Torts and Economic Wrongs ISBN 9781509934751
Published December 2021
Hart Publishing
£90.00
Punishment and Private Law (eBook) ISBN 9781509939169
Published July 2021
Hart Publishing
£44.99
(ePub)
Buy
Punishment and Private Law ISBN 9781509939152
Published July 2021
Hart Publishing
£130.00
Reconceptualising Strict Liability for the Tort of Another ISBN 9781509952199
Published June 2021
Hart Publishing
£33.99
Apportionment in Private Law ISBN 9781509944941
Published February 2021
Hart Publishing
£44.99
The Evolution from Strict Liability to Fault in the Law of Torts ISBN 9781509940998
Published February 2021
Hart Publishing
£95.00
The Impact of Equity and Restitution in Commerce ISBN 9781509944934
Published February 2021
Hart Publishing
£44.99
Justifying Private Rights (eBook) ISBN 9781509931965
Published February 2021
Hart Publishing
£37.79
(ePub)
Buy
Justifying Private Rights ISBN 9781509931958
Published February 2021
Hart Publishing
£95.00
Illegality after Patel v Mirza ISBN 9781509943593
Published October 2020
Hart Publishing
£54.99
Unexpected Consequences of Compensation Law ISBN 9781509927999
Published September 2020
Hart Publishing
£90.00
Unexpected Consequences of Compensation Law (eBook) ISBN 9781509928002
Published September 2020
Hart Publishing
£33.29
(ePub)
Buy
£140.00
A Unified Approach to Contract Interpretation ISBN 9781509927579
Published July 2020
Hart Publishing
£95.00
£49.49
(ePub)
Buy
A Unified Approach to Contract Interpretation (eBook) ISBN 9781509927586
Published July 2020
Hart Publishing
£37.79
(ePub)
Buy
Rationalising Constructive Trusts ISBN 9781509935161
Published January 2020
Hart Publishing
£64.99
Reconceptualising Strict Liability for the Tort of Another ISBN 9781509917532
Published November 2019
Hart Publishing
£80.00
Reconceptualising Strict Liability for the Tort of Another (eBook) ISBN 9781509917549
Published November 2019
Hart Publishing
£30.59
(ePub)
Buy
Equity, Trusts and Commerce ISBN 9781509932184
Published September 2019
Hart Publishing
£44.99
Equity, Trusts and Commerce (eBook) ISBN 9781509907304
Published September 2019
Hart Publishing
£40.49
(ePub)
Buy
Equitable Compensation and Disgorgement of Profit ISBN 9781509931279
Published August 2019
Hart Publishing
£44.99
Equitable Compensation and Disgorgement of Profit (eBook) ISBN 9781509901463
Published August 2019
Hart Publishing
£40.49
(ePub)
Buy
Negligence and Illegality ISBN 9781509929788
Published June 2019
Hart Publishing
£34.99
Private Law and Power ISBN 9781509929726
Published May 2019
Hart Publishing
£44.99
Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment ISBN 9781509928880
Published April 2019
Hart Publishing
£34.99
£31.49
(ePub)
Buy
Comparative Law in Practice: Contract Law in a Mid-Channel Jurisdiction ISBN 9781509927531
Published February 2019
Hart Publishing
£39.99
A Theory of Tort Liability ISBN 9781509926428
Published December 2018
Hart Publishing
£32.99
Apportionment in Private Law ISBN 9781509917501
Published December 2018
Hart Publishing
£100.00
The Impact of Equity and Restitution in Commerce ISBN 9781509915644
Published November 2018
Hart Publishing
£100.00
The Impact of Equity and Restitution in Commerce (eBook) ISBN 9781509915668
Published November 2018
Hart Publishing
£40.49
(ePub)
Buy
Evidential Uncertainty in Causation in Negligence ISBN 9781509924486
Published November 2018
Hart Publishing
£33.99
Vicarious Liability: Critique and Reform (eBook) ISBN 9781509920242
Published September 2018
Hart Publishing
£35.09
(ePub)
Buy
Vicarious Liability: Critique and Reform ISBN 9781509920235
Published September 2018
Hart Publishing
£90.00
Illegality after Patel v Mirza (eBook) ISBN 9781509912780
Published June 2018
Hart Publishing
£49.49
(ePub)
Buy
Illegality after Patel v Mirza ISBN 9781509912773
Published June 2018
Hart Publishing
£120.00
Defences in Unjust Enrichment ISBN 9781509921102
Published April 2018
Hart Publishing
£49.99
The Duty of Care in Negligence (eBook) ISBN 9781509914869
Published February 2018
Hart Publishing
£26.09
(ePub)
Buy
The Duty of Care in Negligence ISBN 9781509914845
Published February 2018
Hart Publishing
£80.00
£41.99
Money Awards in Contract Law ISBN 9781509917051
Published September 2017
Hart Publishing
£33.99
Rationalising Constructive Trusts ISBN 9781849465960
Published September 2017
Hart Publishing
£130.00
Rationalising Constructive Trusts (eBook) ISBN 9781509917075
Published September 2017
Hart Publishing
£58.49
(ePub)
Buy
Causation in Negligence ISBN 9781509905034
Published August 2017
Hart Publishing
£31.99
Accessory Liability ISBN 9781509914104
Published May 2017
Hart Publishing
£37.99
Equity, Trusts and Commerce ISBN 9781509907298
Published May 2017
Hart Publishing
£120.00
Equitable Compensation and Disgorgement of Profit ISBN 9781509901456
Published April 2017
Hart Publishing
£120.00
Tort Law and Human Rights 2nd ed (eBook) ISBN 9781509913176
Published February 2017
Hart Publishing
£117.00
(ePub)
Buy
Tort Law and Human Rights 2nd ed ISBN 9781841139074
Published February 2017
Hart Publishing
£130.00
Negligence and Illegality (eBook) ISBN 9781509906673
Published January 2017
Hart Publishing
£31.49
(ePub)
Buy
Negligence and Illegality ISBN 9781509906666
Published January 2017
Hart Publishing
£90.00
Private Law in the 21st Century ISBN 9781509908585
Published January 2017
Hart Publishing
£170.00
Private Law in the 21st Century (eBook) ISBN 9781509908592
Published January 2017
Hart Publishing
£153.00
(ePub)
Buy
Private Law and Power ISBN 9781509905997
Published January 2017
Hart Publishing
£100.00
Private Law and Power (eBook) ISBN 9781509906000
Published January 2017
Hart Publishing
£40.49
(ePub)
Buy
Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment ISBN 9781782258391
Published December 2016
Special offer (limited stock)
£90.00
£35.99
(ePub)
Buy
Comparative Law in Practice: Contract Law in a Mid-Channel Jurisdiction ISBN 9781782257219
Published October 2016
Hart Publishing
£95.00
A Theory of Tort Liability (eBook) ISBN 9781509903191
Published August 2016
Hart Publishing
£29.69
(ePub)
Buy
A Theory of Tort Liability ISBN 9781509903184
Published August 2016
Hart Publishing
£85.00
Tort Law Defences ISBN 9781509905027
Published June 2016
Hart Publishing
£37.99
Evidential Uncertainty in Causation in Negligence ISBN 9781849467049
Published May 2016
Hart Publishing
£85.00
Evidential Uncertainty in Causation in Negligence (eBook) ISBN 9781509900336
Published May 2016
Hart Publishing
£30.59
(ePub)
Buy
Defences in Unjust Enrichment (eBook) ISBN 9781782256359
Published January 2016
Hart Publishing
£44.99
(ePub)
Buy
Defences in Unjust Enrichment ISBN 9781849467254
Published January 2016
Hart Publishing
£120.00
Contractual Indemnities ISBN 9781509905010
Published December 2015
Hart Publishing
£49.99
Money Awards in Contract Law ISBN 9781849464574
Published June 2015
Hart Publishing
£85.00
Money Awards in Contract Law (eBook) ISBN 9781782252962
Published June 2015
Hart Publishing
£30.59
(ePub)
Buy
Accessory Liability (eBook) ISBN 9781849469579
Published February 2015
Hart Publishing
£34.19
(ePub)
Buy
Accessory Liability ISBN 9781849462877
Published February 2015
Hart Publishing
£95.00
Causation in Negligence (eBook) ISBN 9781782255215
Published January 2015
Hart Publishing
£28.79
(ePub)
Buy
Causation in Negligence ISBN 9781849463317
Published January 2015
Hart Publishing
£95.00
Contractual Indemnities (eBook) ISBN 9781782253891
Published April 2014
Hart Publishing
£44.99
(ePub)
Buy
Contractual Indemnities ISBN 9781849462907
Published April 2014
Hart Publishing
£150.00
The Europeanisation of English Tort Law (eBook) ISBN 9781782253808
Published March 2014
Hart Publishing
Price on Application
(ePub)
Buy
The Europeanisation of English Tort Law ISBN 9781849463195
Published March 2014
Hart Publishing
Price on Application
Law of Private Nuisance ISBN 9781849465069
Published September 2013
Hart Publishing
£70.00
Law of Private Nuisance (eBook) ISBN 9781782253402
Published September 2013
Hart Publishing
£63.00
(ePub)
Buy
Iniuria and the Common Law (eBook) ISBN 9781782253389
Published August 2013
Hart Publishing
£81.00
(ePub)
Buy
Iniuria and the Common Law ISBN 9781849465038
Published August 2013
Hart Publishing
£90.00
Tort Law Defences (eBook) ISBN 9781782251897
Published July 2013
Hart Publishing
£34.19
(ePub)
Buy
Tort Law Defences ISBN 9781849462914
Published July 2013
Hart Publishing
£95.00
£85.50
(ePub)
Buy
Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer ISBN 9781849462235
Published July 2013
Hart Publishing
£95.00
Restitution of Overpaid Tax (eBook) ISBN 9781782251224
Published April 2013
Hart Publishing
£171.00
(ePub)
Buy
Restitution of Overpaid Tax ISBN 9781849461733
Published April 2013
Hart Publishing
£190.00
Informal Carers and Private Law (eBook) ISBN 9781782250470
Published December 2012
Hart Publishing
£90.00
(ePub)
Buy
Informal Carers and Private Law ISBN 9781849462815
Published December 2012
Hart Publishing
£100.00
Enrichment in the Law of Unjust Enrichment and Restitution (eBook) ISBN 9781847319722
Published July 2012
Hart Publishing
£117.00
(ePub)
Buy
Enrichment in the Law of Unjust Enrichment and Restitution ISBN 9781849463294
Published July 2012
Hart Publishing
£130.00
£85.50
(ePub)
Buy
Accounting for Profit for Breach of Contract: Theory and Practice ISBN 9781849462518
Published May 2012
Hart Publishing
£95.00
Fault Lines in Equity ISBN 9781849462198
Published May 2012
Hart Publishing
£130.00
Fault Lines in Equity (eBook) ISBN 9781847319449
Published May 2012
Hart Publishing
£117.00
(ePub)
Buy