The Evolution from Strict Liability to Fault in the Law of Torts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Evolution from Strict Liability to Fault in the Law of Torts write by Anthony Gray. This book was released on 2021-02-25. The Evolution from Strict Liability to Fault in the Law of Torts available in PDF, EPUB and Kindle. 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
The Evolution from Strict Liability to Fault in the Law of Torts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Evolution from Strict Liability to Fault in the Law of Torts write by Anthony Gray (Law teacher). This book was released on 2020. The Evolution from Strict Liability to Fault in the Law of Torts available in PDF, EPUB and Kindle. "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"--
Tort Law in America
Tort Law in America - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Tort Law in America write by G. Edward White. This book was released on 2003-03-27. Tort Law in America available in PDF, EPUB and Kindle. Widely regarded as a standard in the field, G. Edward White's Tort Law in America is a concise and accessible history of the way legal scholars and judges have conceptualized the subject of torts, the reasons that changes in certain rules and doctrines have occurred, and the people who brought about these changes. Now in an expanded edition, Tort Law in America features a new preface that places the book within the current scholarship and two new chapters covering developments in American tort law over the past fifteen years. White approaches his subject from four perspectives: intellectual history, the sociology of knowledge, the phenomenon of professionalization in the late nineteenth and early twentieth centuries in America, and the recurrent concerns of tort law since its emergence as a discrete field. He puts the intellectual history of this unique branch of law into the general picture of philosophy, sociology, and literature in what is not only a major work of legal scholarship but also a tour de force for anyone interested in American intellectual history.
Unification of Tort Law
Unification of Tort Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Unification of Tort Law write by Francesco Donato Busnelli. This book was released on 2003-01-01. Unification of Tort Law available in PDF, EPUB and Kindle. Covers various European countries, Israel, South Africa, and the United States.
Torts in a Nutshell
Torts in a Nutshell - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Torts in a Nutshell write by Edward J. Kionka. This book was released on 2005. Torts in a Nutshell available in PDF, EPUB and Kindle. "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."
