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Defences in Tort / edited by Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith

Contributor(s): Material type: TextTextSeries: Hart studies in private law: Essays on Defences. Vol.1Publication details: New Delhi: Hart Publishing, 2023.Description: xxv, 340p.; 24cmISBN:
  • 9789356403567
Subject(s): DDC classification:
  • 346.4103 DYS
Contents:
A. General Issues and Themes 1. Central Issues in the Law of Tort Defences ANDREW DYSON, JAMES GOUDKAMP AND FREDERICK WILMOT-SMITH 2. Pleading Defences in Tort: The Historical Perspective DAVID IBBETSON 3. Defining 'Defences' LUÍS DUARTE D'ALMEIDA 4. Tort Law's Missing Excuses JOHN CP GOLDBERG 5. Duties to Try and Duties to Succeed STEPHEN A SMITH 6. Balancing Defences RODERICK BAGSHAW 7. Defences and Third Parties: Justifying Participation PAUL S DAVIES B. Specific Defences 8. Justifying Necessity as a Defence in Tort Law GRAHAM VIRGO 9. A Defence of Duress in the Law of Torts? JAMES EDELMAN AND ESTHER DYER 10. Nuisance, Planning and Regulation: The Limits of Statutory Authority DONAL NOLAN 11. Weaving the Law's Seamless Web: Reflections on the Illegality Defence in Tort Law BEVERLEY McLACHLIN 12. The Doctrine of Illegality and Interference with Chattels JAMES GOUDKAMP AND LORENZ MAYR 13. Should Contributory Fault be Analogue or Digital? ROBERT STEVENS 14. Assumption of Risk in a System of Strict Liability: Conceptual Tangles and Social Consequences RICHARD A EPSTEIN 15. Privacy Claims: Transformation, Fault, and the Public Interest Defence BARBARA McDONALD 16. Some Recurring Issues in Relation to Limitation of Actions ANDREW BURROWS
Summary: This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry. ---provided by publisher
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A. General Issues and Themes
1. Central Issues in the Law of Tort Defences
ANDREW DYSON, JAMES GOUDKAMP AND FREDERICK WILMOT-SMITH
2. Pleading Defences in Tort: The Historical Perspective
DAVID IBBETSON
3. Defining 'Defences'
LUÍS DUARTE D'ALMEIDA
4. Tort Law's Missing Excuses
JOHN CP GOLDBERG
5. Duties to Try and Duties to Succeed
STEPHEN A SMITH
6. Balancing Defences
RODERICK BAGSHAW
7. Defences and Third Parties: Justifying Participation
PAUL S DAVIES
B. Specific Defences
8. Justifying Necessity as a Defence in Tort Law
GRAHAM VIRGO
9. A Defence of Duress in the Law of Torts?
JAMES EDELMAN AND ESTHER DYER
10. Nuisance, Planning and Regulation: The Limits of Statutory Authority
DONAL NOLAN
11. Weaving the Law's Seamless Web: Reflections on the Illegality Defence in Tort Law
BEVERLEY McLACHLIN
12. The Doctrine of Illegality and Interference with Chattels
JAMES GOUDKAMP AND LORENZ MAYR
13. Should Contributory Fault be Analogue or Digital?
ROBERT STEVENS
14. Assumption of Risk in a System of Strict Liability: Conceptual Tangles and Social Consequences
RICHARD A EPSTEIN
15. Privacy Claims: Transformation, Fault, and the Public Interest Defence
BARBARA McDONALD
16. Some Recurring Issues in Relation to Limitation of Actions
ANDREW BURROWS

This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry. ---provided by publisher

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