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Borderlines in Private Law

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Questions of Liability: Essays on the Law of Tort


ISBN13: 9781509961924
Published: November 2023
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00
Paperback edition not yet published, ISBN13 9781509961962



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In this collection, one of the key commentators on the modern law of tort presents 12 of his most important articles and book chapters. These are accompanied by an introductory chapter in which the author comments on the impact and reception of the pieces that make up the collection, and by a provocative new essay in which he argues against strict product liability in the law of tort. A coherent and compelling exploration of topical issues in core areas of tort law, the collection is divided into 3 parts, dealing with negligence; nuisance and Rylands v Fletcher; and tort in general. The essays in this collection are a significant contribution to debates about the limits and scope of tortious liability in common law systems. Students, scholars and practitioners alike will find it an invaluable resource for understanding tort law in the early 21st century.

Subjects:
Tort Law
Contents:
Part I: Negligence
1. Deconstructing the Duty of Care
2. The Duty of Care After Robinson v Chief Constable of West Yorkshire Police
3. The Liability of Public Authorities for Failing to Confer Benefits
4. Assumption of Responsibility: Four Questions
5. New Forms of Damage in Negligence
6. Varying the Standard of Care in Negligence
7. Causation and the Goals of Tort Law

Part II: Nuisance and Rylands v Fletcher
8. 'A Tort Against Land': Private Nuisance as a Property Tort
9. The Essence of Private Nuisance
10. The Distinctiveness of Rylands v Fletcher

Part III: Tort in General
12. Preventive Damages
13. Rights, Damage and Loss