Tort Law And Economic Interests
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Tort Law And Economic Interests
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Author : Peter Cane
language : en
Publisher: Oxford University Press, USA
Release Date : 1996
Tort Law And Economic Interests written by Peter Cane and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Interest (Ownership rights) categories.
This book is about the way in which the law of torts protects financial assets such as money, property, and contracts. It focuses on the interests protected and does not follow the usual textbook arrangement of the law according to the various torts (such as trespass, negligence, and defamation). The discussion goes well beyond the debate about about recovery for economic loss in negligence as it places that debate in a much wider context. The introduction explains the notion of economic interests and why this has been chosen as the focus of attention. The second part gives an account of the relevant rules of tort law while the third part examines the relationship between tort law and other techniques for protecting economic interests such as regulation and insurance. The final part discusses the aims and functions of tort law. Many of the issues discussed receive very little attention in most tort texts.
Economic Interests In Canadian Tort Law
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Author : Peter T. Burns
language : en
Publisher:
Release Date : 2011
Economic Interests In Canadian Tort Law written by Peter T. Burns and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
This is the first comprehensive Canadian treatise on economic loss. Economic loss is often inadequately dealt with in the larger context of the law of torts. This book offers an in-depth look at how the law protects economic interests from being injured through the acts of others, primarily focusing on intentionally-caused economic loss. The book first provides an overview of the concepts and theories of economic torts and the parameters of the current law. It then goes on to look at economic loss from all possible causes of action, such as: negligent misstatement, breach of fiduciary duty, breach of confidence, inducing breach of contract, causing economic loss by unlawful means, conspiracy, deliberate misrepresentation (injurious falsehood and deceit), passing-off, negligence and other forms of civil liability.
Economic Torts And Economic Wrongs
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Author : John Eldridge
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-09-23
Economic Torts And Economic Wrongs written by John Eldridge and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-23 with Law categories.
This book explores contemporary issues in respect of causes of action which operate to protect a plaintiff's economic interests. It examines the question from across the spectrum of private law. Focusing mainly on common law principles, it looks in particular at the treatment of such causes of action in the United Kingdom, Australia, Canada, Singapore as well as other common law jurisdictions. Addressing both theoretical and doctrinal issues, this important book will appeal to both private law scholars and practitioners.
Key Ideas In Tort Law
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Author : Peter Cane
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-08-10
Key Ideas In Tort Law written by Peter Cane and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-10 with Law categories.
This book offers nine key ideas about tort law that will help the reader to understand its various social functions and evaluate its effectiveness in performing those functions. The book focuses, in particular, on how tort law can guide people's behaviour, and the political and social environments within which it operates. It also provides the reader with a wealth of detail about the ideas and values that underlie tort 'doctrine'-tort law's rules and principles, and the way those rules and principles operate in practice. The book is an accessible introduction to tort law that will provide students, scholars and practitioners alike with a fresh and engaging view of the subject. 'In this masterful and engaging survey, Peter Cane provides an array of illuminating perspectives on the law of torts, laying bare its nature, structure and functions, as well as its legal, social and political context.' Andrew Robertson, Professor of Law, Melbourne Law School
The Province And Politics Of The Economic Torts
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Author : John Murphy
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-24
The Province And Politics Of The Economic Torts written by John Murphy and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-24 with Law categories.
Economic torts play a key role in the development of private law more generally. Indeed, the landmark case of OBG v Allan (2008) provided one of the most important decisions in the whole of the law of torts in the last generation, as the House of Lords sought to bring order to an area of the law that has long been beset by doctrinal and theoretical puzzles. Probably the most enduring question of all in this area is whether the economic torts can be unified. This book argues that the search for unity is a will o' the wisp. More particularly, it shows that although some juridical connections exist between some of these torts, there is far more that separates them than unites them. Offering a unique perspective, this is a landmark publication on the law of economic torts.
Economic Analysis Of Tort Law
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Author : Malabika Pal
language : en
Publisher: Taylor & Francis
Release Date : 2019-09-02
Economic Analysis Of Tort Law written by Malabika Pal and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-02 with Law categories.
This book looks at the negligence concept of tort law and studies the efficiency issue arising from the determination of negligence. It does so by scrutinizing actual court decisions from three common law jurisdictions – Britain, India and the United States of America. This volume fills a very significant gap, scrutinizing 52 landmark judgments from these three countries, by focussing on the negligent affliction of economic loss determined by common law courts and how these findings relate to the existing theoretical literature. By doing so, it examines the formalization of legal concepts in theory, primarily the question of negligence determination and liability, and their centrality in theories concerning tort law. This book will be very helpful for students, professors and practitioners of law, jurisprudence and legal theory. It will additionally be of use to researchers and academics interested in law and economics, procedure and legal history.
The Anatomy Of Tort Law
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Author : Peter Cane
language : en
Publisher: Hart Publishing
Release Date : 1997-06-19
The Anatomy Of Tort Law written by Peter Cane and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-06-19 with Law categories.
Written to be accessible to all readers with a basic knowledge of tort law, this book adopts an approach which is both easily comprehended, yet also innovative and illuminating. It sets out a new and theoretically stimulating analysis of the law of tort, in which the subject is reconceived as a system of ethical rules and principles of personal responsibility. As such it can be viewed as a series of relationships between protected interests, sanctioned conduct and sanctions. These are the "building blocks" of tort law. Beyond affording a means of comprehending the fragmentary nature of tort law, the book, equally importantly, seeks to develop understanding of its relationship with other areas of the law of obligations. It also permits clearer understanding of the relationship between common law and statutory torts and throws fresh light on the links between tort law and its functions.
Research Handbook On The Economics Of Torts
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Author : Jennifer Arlen
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-11-29
Research Handbook On The Economics Of Torts written by Jennifer Arlen and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-29 with Law categories.
Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral anal
Pure Economic Loss
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Author : Vernon V. Palmer
language : en
Publisher: Taylor & Francis
Release Date : 2009
Pure Economic Loss written by Vernon V. Palmer and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.
Pure economic loss is one of the most-discussed problems in the fields of tort and contract. This book takes a comparative approach to the subject, exploring the principles, policies and rules governing tortious liability for pure economic loss in a number of countries across the world including the USA, Canada, Japan, South Africa and Denmark.
An Analysis Of The Economic Torts
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Author : Hazel Carty
language : en
Publisher:
Release Date : 2010
An Analysis Of The Economic Torts written by Hazel Carty and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
The economic torts for too long have been under-theorized and under-explored by academics and the judiciary alike. In recent years claimants have exploited the resulting chaos by attempting to use the economic torts in ever more exotic ways. This second edition, as before, attempts to provide practical legal research to both explore the ingredients of all these torts - both the general economic torts (inducing breach of contract, the unlawful means tort, intimidation, the conspiracy torts) and the misrepresentation economic torts (deceit, malicious falsehood and passing off) - and their rationales. And, as before, an optimum framework for these torts is suggested. However that framework has to take on board the apparent tension within the House of Lords as revealed in the recent decisions in OBG v Allan and Total Network v Revenue. Over 100 years ago the House of Lords in the seminal decision of Allen v Flood in theory set the agenda for the modern development of the economic torts. The majority in that case adopted an abstentionist approach to liability for intentionally inflicted economic harm, so that even where intentional and unjustified economic harm was inflicted, liability would not necessarily follow. However, this clear framework for the torts was obscured by subsequent case law, leaving the economic torts in a hopeless muddle by the start of the twenty-first century. A chance to finally sort out this mess was presented to the House of Lords in 2007 in the shape of three conjoined appeals, reported under the name OBG v Allan. The thrust of the judgments was that a framework for the economic torts was to be established and dicta and decisions that caused problems and incoherence were to be named and shamed. Re-affirming the abstentionist philosophy of Allen v Flood Lord Hoffmann and Nicholls and Baroness Hale in part relied upon the first edition of An Analysis of the Economic Torts, Lord Hoffmann noting "... if what I have said does anything to clarify what has been described as an extremely obscure branch of the law, much is owing to Hazel Carty's book An Analysis of the Economic Torts ". However, within 10 months of the OBG decision, a differently constituted HL in Total Network SL v Revenue and Customs Commissioners undermined this nascent coherence and did so by focusing on the conspiracy torts (previously dismissed by some commentators as anomalous or superfluous). Distinguishing OBG (which did not as such analyse the conspiracy torts) the House of Lords in Total Network may have shifted the general economic torts from the abstentionist to the interventionist track of development. Thus it is suggested that conflicting agendas for general economic liability can be discerned in the OBG and Total Network judgments. These agendas are debated (against the background of the growing academic debate) and a coherent approach suggested. As for the misrepresentation torts their potential for development is also discussed and the peril of allowing them to transform into unfair trading or misappropriation torts is explained. As a result, the second edition involves a substantial re-write of the first edition. However, the thesis of the author remains that a coherent framework for these torts can best be constructed based on a narrow remit for the common law.