scholarly journals The vulnerable subject of negligence law

2012 ◽  
Vol 8 (3) ◽  
pp. 337-353 ◽  
Author(s):  
Carl F. Stychin
Keyword(s):  
Political Theory ◽  
Tort Law ◽  
Duty Of Care ◽  
Fundamental Issue ◽  
The Subject ◽  
The Law ◽  
Harsh Criticism ◽  
Negligence Law ◽  
The Way

AbstractThe approach taken by English courts to the duty of care question in negligence has been subject to harsh criticism in recent years. This article examines this fundamental issue in tort law, drawing upon Canadian and Australian jurisprudence by way of comparison. From this analysis, the concept of vulnerability is developed as a productive means of understanding the duty of care. Vulnerability is of increasing interest in legal and political theory and it is of particular relevance to the law of negligence. In addition to aiding doctrinal coherence, vulnerability – with its focus on relationships and care – has the potential to broaden the way in which the subject of tort law is conceived because it challenges dominant assumptions about autonomy as being prior to the relationships on which it is dependent.

Civil Recourse Theory

2020 ◽  
pp. 52-68
Author(s):  
Benjamin C. Zipursky
Keyword(s):  
Basic Structure ◽  
Tort Law ◽  
Structural Theory ◽  
Legal Rights ◽  
Duty Of Care ◽  
Political Morality ◽  
Role Of The State ◽  
Private Rights ◽  
Negligence Law

This chapter examines civil recourse theory. The phrase “civil recourse theory” has developed two connotations, suggesting: (1) a structural theory of the normative underpinnings of private law liability placing primary emphasis on a plaintiff’s right of redress and the role of the state in affording plaintiffs the power to exact damages from those who have violated the plaintiff’s legal rights; and (2) a distinctive, overarching tort theory that emphasizes a plaintiff’s right of redress while simultaneously emphasizing relational duty in negligence law and torts as legal wrongs. The chapter identifies several other views developed in connection with civil recourse theory but meant to stand apart from it. The thesis that negligence law’s duty of care is relational is among them; so too is the thesis that tort law consists of specifications of legal wrongs, that these wrongs are defined in relatively strict manner, and that plaintiffs must have an injury to prevail on a tort claim. Deploying the narrower conception of civil recourse theory, the chapter defends the principle of civil recourse as a matter of political morality and depicts the place of private rights of action in the basic structure of a just liberal democracy.

Markesinis & Deakin's Tort Law

2019 ◽  
Author(s):  
Simon Deakin ◽  
Zoe Adams
Keyword(s):  
Deep Understanding ◽  
Tort Law ◽  
Economic Interests ◽  
Economic Context ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
Economic Perspectives ◽  
The Relationship ◽  
8Th Edition

Markesinis and Deakin’s Tort Law, now in its 8th edition, provides a general overview of the law and discussion of the academic debates on all major topics, highlighting the relationship between the common law, legislation, and judicial policy. In addition, the book provides a variety of comparative and economic perspectives on the law of tort and its likely development, always placing the subject in its socio-economic context, thereby giving students a deep understanding of tort law. The book is composed of eight parts. Part I starts by setting the scene, Part II looks at the tort of negligence. Part III turns to special forms of negligence. This is followed by Part IV which examines interference with the person. Part V turns to intentional interferences with economic interests. The next part looks at stricter forms of liability. Part VII examines the protection of human dignity which includes looking at defamation and injurious falsehood, and human privacy. The last part looks at defences and remedies.

Dangerous liaisons: new developments in the law of defective premises

Legal Studies ◽  
1996 ◽  
Vol 16 (3) ◽  
pp. 387-416
Author(s):  
Carl F Stychin
Keyword(s):  
Supreme Court ◽  
Tort Law ◽  
Duty Of Care ◽  
New Developments ◽  
Current State ◽  
The Law ◽  
The Cost

In 1995, the highest courts in two Commonwealth jurisdictions - Canada and Australia - squarely faced the issue of the liability of builders of defective and, in the case of the Canadian Supreme Court, dangerous premises in tort.’ The determination in both cases that the builders were liable to the remote purchasers for the cost of repair, based on a duty of care owed to them, can be contrasted to the current state of tort law in this country dealing with defective and dangerous premises. In fact, the articulation of the reasons why a duty of care was imposed in these cases - as reflecting considerations both of principle and policy - provides a more compelling analysis than has been seen to date in the British law of negligence.

Defaming the Dead

2017 ◽  
Author(s):  
Don Herzog
Keyword(s):  
Common Law ◽  
Tort Law ◽  
Dead Person ◽  
The Common ◽  
The Dead ◽  
The Law ◽  
The Way

If you defame the dead, even someone who recently died, tort law does not think that’s an injury: not to the grieving survivors and not to the dead person. This book argues that defamation is an injury to the recently dead. It explores history, including the shaping of the common law, and offers an account of posthumous harm and wrong. Along the way, it offers a sustained exploration of how we and the law think about corpse desecration.

Part I Introduction, 3 Financial Collateral

2018 ◽  
Author(s):  
Beale Hugh ◽  
Bridge Michael ◽  
Gullifer Louise ◽  
Lomnicka Eva
Keyword(s):  
Subject Matter ◽  
Raw Materials ◽  
Fixed Charge ◽  
The Subject ◽  
The Law ◽  
Security Device ◽  
A Charge ◽  
The Way

This chapter discusses the significance of distinguishing between the various types of property over which security may be taken, or which may be the subject matter of a retention of title or other quasi-security device, since the same general principles will be applicable whatever the nature of the property. There are also differences between the various kinds of property, which will mean that the way the law applies in practice will differ. Thus, a charge over either ‘inventory’ such as stock in trade or raw materials will in practice usually have to be a floating charge rather than a fixed one; the chapter shows how it is very difficult to take and maintain a fixed charge over book debts or other receivables.

Torts

2019 ◽  
pp. 443-462 ◽  
Author(s):  
Lawrence M. Friedman
Keyword(s):  
Nineteenth Century ◽  
English Language ◽  
Industrial Revolution ◽  
Tort Law ◽  
Growth Spurt ◽  
Late Nineteenth Century ◽  
The Subject ◽  
Late Nineteenth ◽  
The Law ◽  
Private Wrongs

This chapter discusses the development of tort law in the second half of the nineteenth century. Tort law experienced its biggest growth spurt in the late nineteenth century. The legal world began to sit up and pay attention. The very first English-language treatise on torts appeared in 1859: Francis Hilliard’s book, The Law of Torts, Or Private Wrongs. Then came Charles G. Addison, Wrongs and Their Remedies in 1860, in England. By 1900, there was an immense literature on the law of torts; Joel Bishop and Thomas M. Cooley had written imposing treatises on the subject; the case law had swollen to heroic proportions. Tort law was a product of the industrial revolution; England here had a head start; problems emerged there first, and so did their tentative legal solutions.

The house that Chuck built: twenty-five years of reading Charles Beitz

2005 ◽  
Vol 31 (2) ◽  
pp. 371-379 ◽  
Author(s):  
Chris Brown
Keyword(s):  
International Relations ◽  
Political Theory ◽  
Theory Of Justice ◽  
International Political Theory ◽  
The Face ◽  
The Subject ◽  
Anglo American ◽  
The Way

On the face of it, this might seem a somewhat frivolous, not to say over-familiar, title for an essay on the influence of Charles Beitz's Political Theory and International Relations (hereafter, PTIR); Beitz, however, will recognise the implicit comparison between his work and John Rawls's A Theory of Justice, and will accordingly, I hope, forgive the familiarity. But, accepting that this is a title that conveys respect, it might still be argued to be inappropriate on the rather different grounds that it substantially overstates the influence of PTIR. Can it really be the case that this relatively short (under 200 pages) volume with an over-ambitious title ‘changed the subject’ in the way that A Theory of Justice certainly did a few years earlier? Obviously the subject in question – international political theory – is rather more limited than the whole world of at least Anglo-American political theory that was changed by Rawls's work, but such a claim can, I think, be defended.

scholarly journals DAMAGE RESULTING FROM ARTIFICIAL INTELLIGENCE - THE CASE OF AUTONOMOUS VEHICLES

2021 ◽  
Vol 14 (1) ◽  
pp. 105-124
Author(s):  
Cassiano Highton
Keyword(s):  
Artificial Intelligence ◽  
Autonomous Vehicles ◽  
Technological Revolution ◽  
The Subject ◽  
The Law ◽  
Over Time ◽  
The Way

Abstract The way of understanding the law has changed substantially over time and the law of Torts as we have studied and dealt with it until now has evidently become outdated, the legal reality has moved away from the factual reality, we are facing the new paradigms of the digital and technological revolution, with an evident and clear distancing from the classical theories of the law of Torts, a context that requires a specific and updated approach to the subject.

Illegal Earnings

2018 ◽  
Vol 9 (1) ◽  
pp. 54-80
Author(s):  
James Goudkamp ◽  
Lorenz König
Keyword(s):  
United Kingdom ◽  
Common Law ◽  
Tort Law ◽  
Contract Law ◽  
Private Law ◽  
The United Kingdom ◽  
Considerable Promise ◽  
The Subject ◽  
The Common ◽  
The Law

AbstractThis article addresses the principles of tort law that govern claims in respect of lost illegal earnings. It focuses on common law jurisdictions (and the law in the United Kingdom in particular) where such claims, despite apparently being commonplace, have been largely ignored by academics. It describes the existing law and calls in aid in this regard a four-fold taxonomy of cases. The article then turns attention to how claims in respect of lost illegal earnings ought to be decided. At this juncture, the article looks to ideas emanating from German tort law, which has developed a highly sophisticated jurisprudence on the subject of illegal earnings. The German approach, stated simply, requires tort law to defer to rules in other departments of private law. If, for example, contract law would not protect an interest that a claimant has in a particular transaction by reason of the transaction being tainted with illegality, tort law will not allow a claimant indirectly to obtain the benefits of that transaction via a claim for lost illegal earnings. It is argued that the German solution holds considerable promise and merits consideration as a serious alternative to the significantly more complicated principles that the common law courts have developed, which principles currently lack any thoroughgoing rationalisation.

Casebook on Tort Law

2021 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Product Liability ◽  
Economic Loss ◽  
Tort Law ◽  
Third Parties ◽  
Duty Of Care ◽  
Basic Principles ◽  
Vicarious Liability ◽  
Statutory Duty ◽  
Wide Range ◽  
The Subject

Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.

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