The Evolution From Strict Liability To Fault In The Law Of Torts
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The Evolution From Strict Liability To Fault In The Law Of Torts
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Author : Anthony Gray
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-25
The Evolution From Strict Liability To Fault In The Law Of Torts written by Anthony Gray and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-25 with Law categories.
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.
The Evolution From Strict Liability To Fault In The Law Of Torts
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Author : Anthony Gray
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-25
The Evolution From Strict Liability To Fault In The Law Of Torts written by Anthony Gray and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-25 with Law categories.
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.
The Evolution From Strict Liability To Fault In The Law Of Torts
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Author : Anthony Gray (Law teacher)
language : en
Publisher: Hart Publishing
Release Date : 2020
The Evolution From Strict Liability To Fault In The Law Of Torts written by Anthony Gray (Law teacher) and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Electronic books categories.
"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"--
The Evolution Of Responsabilite Du Fait Des Choses In French Tort Law
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Author : LL.D., Dr Samuel Bezzina, Samuel LL.B., N.P.(Dip.), LL.D.
language : en
Publisher: CreateSpace
Release Date : 2014-12-15
The Evolution Of Responsabilite Du Fait Des Choses In French Tort Law written by LL.D., Dr Samuel Bezzina, Samuel LL.B., N.P.(Dip.), LL.D. and has been published by CreateSpace this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-15 with categories.
This book will compare various different European Tort law regimes with emphasis on indirect liability for things. French courts seem to have developed the notion of responsibility without fault in such a way and to such an extent that it seems, prima facie, that the custodian is responsible for any damage which is caused by the thing under his custody, and that he cannot simply prove the absence of his fault in order to escape liability. The thesis looks at the mechanisms of this notion, together with the possible exonerations available as a defence for the defendant. The rigorous approach to civil responsibility in the Code Civil had to be revised by jurists at the end of the nineteenth century. This is mainly because the precarious condition of victims of accidents of work necessitated such re-evaluation. In most countries, liability is based on the classical notion of fault. Germany was the first country to deviate from the principle of fault, although this was originally very limited and only a closed group of victims could benefit. Originally, the wording of the French article, on which today liability without fault is based, was interpreted as referring only to liability for animals and buildings. Eventually, however, the meaning was extended to include all things which cause harm, and not only buildings or animals. In French law the position is very clear. There are only three conditions for exoneration: force majeure, acts of third parties, contributory fault. At Common Law, we find the court-developed concept of 'res ipsa loquitur'. This maxim means that the thing speaks for itself. It allows the claimant to succeed in an action for negligence even when there is absolutely no evidence as to what caused the accident and therefore of whether it was attributable to negligence on the part of the defendant. Under Austrian Law, while the principle of fault is the most important pillar of the law of delict, it is to be observed that the Austrian court has applied by analogy the provisions of strict liability to circumstances not provided for by the law. The position in Malta seems to be that the sections of fault liability cannot be extended by analogy to other instances not found in the law. The thesis will arrive to a conclusion as to whether the principle of liability without fault would be a better alternative to Maltese fault liability.
Responsibility And Fault
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Author : Tony Honoré
language : en
Publisher: Hart Publishing
Release Date : 1999-05-19
Responsibility And Fault written by Tony Honoré and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-05-19 with Law categories.
Honore (formerly civil law, Oxford U.) develops themes implicit in his and Herbert Hart's 1985 Causation in the Law. In seven essays, he proposes a theory of outcome responsibility that finds intervening in the world to be sufficient to make someone responsible. To act and be responsible is to take risks, he says, so that responsibility can be a matter of luck rather than fault or merit. US distribution is by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
The Economic Structure Of Tort Law
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Author : William M. Landes
language : en
Publisher: Harvard University Press
Release Date : 1987
The Economic Structure Of Tort Law written by William M. Landes and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Business & Economics categories.
Written by a lawyer and an economist, this is the first full-length economic study of tort law--the body of law that governs liability for accidents and for intentional wrongs such as battery and defamation. Landes and Posner propose that tort law is best understood as a system for achieving an efficient allocation of resources to safety--that, on the whole, rules and doctrines of tort law encourage the optimal investment in safety by potential injurers and potential victims. The book contains both a comprehensive description of the major doctrines of tort law and a series of formal economic models used to explore the economic properties of these doctrines. All the formal models are translated into simple commonsense terms so that the "math less" reader can follow the text without difficulty; legal jargon is also avoided, for the sake of economists and other readers not trained in the law. Although the primary focus is on explaining existing doctrines rather than on exploring their implementation by juries, insurance adjusters, and other "real world" actors, the book has obvious pertinence to the ongoing controversies over damage awards, insurance rates and availability, and reform of tort law-in fact it is an essential prerequisite to sound reform. Among other timely topics, the authors discuss punitive damage awards in products liability cases, the evolution of products liability law, and the problem of liability for "mass disaster" torts, such as might be produced by a nuclear accident. More generally, this book is an important contribution to the "law and economics" movement, the most exciting and controversial development in modern legal education and scholarship, and will become an obligatory reference for all who are concerned with the study of tort law.
Cases And Materials On Torts
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Author : Richard A. Epstein
language : en
Publisher: Aspen Publishing
Release Date : 2020-02-13
Cases And Materials On Torts written by Richard A. Epstein and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-13 with Law categories.
Cases and Materials on Torts preserves historical and conceptual continuity between the present and the past, while addressing the most significant contemporary controversies in such fast-moving areas like public nuisance, global warming, and product liability, with new litigation against internet providers. Toward these dual ends, Richard A. Epstein and Catherine M. Sharkey have retained in the Twelfth Edition the great older cases, both English and American, that have proved themselves time and again in the classroom, and which continue to exert great influence on the modern law. Our book also provides a rich exploration of the dominant corrective justice and law-and-economics approaches to tort law, as exemplified both in the retained and new cases and materials. New to the Twelfth Edition: Extensive new treatment of public nuisance cases to address the profound expansion of the once-sleepy area of public nuisance law into the realms of the opioid crisis, toxic torts, and global warming. Major reconsideration of who counts as a seller in the chain of distribution for goods sold online with product liability updates for various forms of e-commerce, such as Amazon’s liability for defective products sold on its site. Updates to incorporate two major new Torts Restatements on Intentional Harms and Liability Insurance. The Reforms of the Michigan No-Fault Legislation Enhanced treatment of privacy in the era of “Big Data” to address trend of large data collectors like Facebook and Google to determine what is reasonable online, incorporating major privacy legislation such as California’s Consumer Privacy Act and the European GDPR (General Data Protection Regulation). Expansion of materials that address race and gender disparities in the setting of damages awards; and, in the realm of punitive damages innovative remedies directing some portion of the award to public interest groups. Professors and students will benefit from: Clear organizational framework of the book. Important lines of cases that help understand legal reasoning and the evolution of precedent Inclusion of key academic commentary and elaboration of central intellectual disputes over the nature and function of the tort law Ability to pick and choose modules of interest – such as defamation, privacy, and economic harms – which are of increasing importance in real world of tort litigation. Extensive notes with topic headlines that elaborate basic concepts and extend into the most complex contemporary issues facing courts. Great attention given to cutting edge tort developments.
Responsibility And Fault
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Author : Antony M. Honoré
language : en
Publisher: Bloomsbury Publishing
Release Date : 1999-06-01
Responsibility And Fault written by Antony M. Honoré and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-06-01 with Law categories.
These highly original essays develop themes implicit in Herbert Hart and the author's 'Causation in the Law', 2nd ed. 1985;. Why should we be held responsible for the harm we cause? Honoré; proposes a theory of responsibility, 'outcome responsibility', according to which, to be responsible, it is sufficient to have intervened in the world. To act and to be responsible is to assume certain risks, so that responsibility can be a matter of luck rather than fault or merit. Whether responsibility carries with it moral blame or legal liability is an important but secondary question. With the help of this theory he explains the moral basis of strict liability and of tort law in general; shows when there is a moral difference between positive acts and omissions; and indicates the extent to which the circumstances that cause a wrongdoer to do wrong should affect his responsibility.
Torts In A Nutshell
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Author : Edward J. Kionka
language : en
Publisher: West Academic Publishing
Release Date : 2005
Torts In A Nutshell written by Edward J. Kionka and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Torts categories.
"This Nutshell provides a comprehensive explanation of the basic principles and rules of American tort law as it exists today. This Nutshell has been used for over twenty-five years by law students, law graduates preparing for the bar exam, and others seeking an overview of tort topics. Coverage includes intentional torts and defenses, negligence and its defenses, strict liability, special liability rules for particular activities (such as landowners? liability, products liability, employers, employees, and contractors, and others), damages, the relation between tort and contract, immunities, survival and wrongful death, defamation, privacy, and misrepresentation. The introductory chapter provides background on the definitional dilemma; functions, goals and justifications of tort law; the evolution of tort law; and the roles of judges and juries. Citations to the Restatement of Torts are included. Discussions frequently include not only the rule but also its rationale for a clearer understanding and to aid memory."
Foundations Of The Law Of Tort
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Author : Glanville Llewelyn Williams
language : en
Publisher: Lexis Law Publishing (Va)
Release Date : 1984
Foundations Of The Law Of Tort written by Glanville Llewelyn Williams and has been published by Lexis Law Publishing (Va) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Law categories.