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Description

In this book, articles by leading tort scholars from Australia, Canada, Hong Kong, Israel, New Zealand, the United Kingdom and the United States deal with important theoretical and practical issues that are emerging in the law of torts. The articles analyse recent leading developments in areas such as economic negligence, causation, vicarious liability, non-delegable duty, breach of statutory duty, intentional torts, damages, and tort law in the family. They provide a foretaste of the issues that will face tort law in the near future and offer critical viewpoints that should not go unheeded. With its rich breadth of contributors and topics, Emerging Issues in Tort Law will be highly useful to lawyers, judges and academics across the common law world.



Contributors: Elizabeth Adjin-Tettey, Kumaralingam Amirthalingam, Peter Benson, Vaughan Black, Peter Cane, Erika Chamberlain, Israel Gilead, Paula Giliker, Rick Glofcheski, Lewis N Klar QC, Michael A Jones, Richard Lewis, John Murphy, Jason W Neyers, Ken Oliphant, David F Partlett, Stephen GA Pitel, Denise Reaume, Robert H Stevens, Andrew Tettenborn, Stephen Todd, Shauna van Praagh, Stephen Waddams, David R Wingfield, Richard W Wright.

Table of Contents

Introduction
JASON W NEYERS, ERIKA CHAMBERLAIN AND STEPHEN G A PITEL

1. General and Special Tort Law: Uses (and Abuses) of Theory
PETER CANE

2. Breach of Statute and Tort Law
LEWIS N KLAR

3. 'Sois Sage'- Responsibility for Childishness in the Law of Civil Wrongs
SHAUNA VAN PRAAGH

4. Claims of Involuntary Parenthood: Why the Resistance?
ELIZABETH ADJIN-TETTEY

5. Liability for Psychiatric Damage: Searching for a Path between Pragmatism and Principle
MICHAEL A JONES

6. Should White v Jones Represent Canadian Law: A Return to First Principles
PETER BENSON

7. Breaches of Contracts and Claims by Third Parties
STEPHEN WADDAMS

8. Policy Issues in Defective Property Cases
STEPHEN TODD

9. Defective Structures and Economic Loss in the United States: Law and Policy
DAVID F PARTLETT

10. Harm Screening Under Negligence Law
ISRAEL GILEAD

11 Acts and Omissions as Positive and Negative Causes
RICHARD W WRIGHT

12 Decision Causation: Pandora's Tool-Box
VAUGHAN BLACK

13 Non-Delegable Duties and Vicarious Liability
ROBERT STEVENS

14 Juridical Foundations of Common Law Non-Delegable Duties
JOHN MURPHY

15 Perish Vicarious Liability?
DAVID R WINGFIELD

16 Comparative Perspectives on Vicarious Liability: Defining the Scope of Employment
PAULA GILIKER

17 What is a Loss?
ANDREW TETTENBORN

18 The Changing Face of the Gist of Negligence
KUMARALINGAM AMIRTHALINGAM

19 Tort Law in Practice: Appearance and Reality in Reforming Periodical Payments of Damages
RICHARD LEWIS

20 The Structure of the Intentional Torts
KEN OLIPHANT

21 The Role of Intention in the Tort in Wilkinson v Downton
DENISE RÉAUME

22 Where Principle Meets Pragmatism: Tort Law in Post-Colonial Hong Kong
RICK GLOFCHESKI

Product details

Published 29 May 2007
Format Ebook (Epub & Mobi)
Edition 1st
Extent 610
ISBN 9781847317018
Imprint Hart Publishing
Publisher Bloomsbury Publishing

About the contributors

Anthology Editor

Jason W Neyers

Jason W Neyers, BA, LLB, MST, is a Professor of La…

Anthology Editor

Erika Chamberlain

Erika Chamberlain, LLB, PhD is an Associate Profes…

Anthology Editor

Stephen G.A. Pitel

Stephen GA Pitel, BA, LLB, LLM, PhD, is a Professo…

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