Full Description
Professor Jane Stapleton is one of the world's leading experts on causation and has had a profound impact on tort law scholarship, both in terms of the incredible range of topics she has contributed to, and across the multiple countries she has worked in. Torts on Three Continents: Honouring Jane Stapleton brings together a group of scholars from Stapleton's 'home' country Australia, from the United Kingdom, where she spent much of her professional career, and the United States, where she has made such a significant contribution, to celebrate and honour her work.
Torts on Three Continents reveals the impressive and enviable breadth of Jane Stapleton's scholarship while contributing to many of the ongoing and traditional debates in tort. The volume is split into four parts. The first part focuses on general themes that arise in Stapleton's work, including the academic influence on judges, the role of insurance in compensation, the impact of vulnerability on tort law and liability of public authorities. The second part considers aspects of liability in the tort of negligence, including duties of care for psychiatric harm. The third part is dedicated completely to causation, with three chapters from authors in three different countries reflecting on the impact of Stapleton's work in this area. The final section covers a variety of different aspects of tort law and compensation systems, including harms committed in the public interest, damage in economic torts, statutory product liability reforms and alternative compensation scheme design.
Powerful and thought-provoking, this book will provide its readers with an appreciation of the magnitude of Jane Stapleton's contribution across the common law world, and a novel perspective on some of the more modern challenges faced in tort law.
Contents
Introduction: Jane Stapleton's Tort Scholarship on Three Continents
Part I General Themes of Tort Law
1: Hon Susan Kiefel: Professor Jane Stapleton and her Dialogue with the Courts
2: Mark A. Geistfeld: Unifying Principles within Pluralist Tort Adjudication
3: Anita Bernstein: The Torts Scholar as Disaggregator
4: Jenny Steele and TT Arvind: Tort and Insurance as Private Law
5: Kylie Burns: Fulfilling the Promise of the Golden Thread?: Vulnerability and Australian Negligence Law
Part II Negligence
6: Nicholas J McBride: The Real Gist of Negligence
7: Ellen M Bublick: Duty of Care Factors: Principle and Policy Decisions in the United States
8: Roderick Bagshaw: What is âReasonable Foreseeabilityâ?
9: Imogen Goold and Catherine Kelly: Time to Cut Ties: Reforming the Secondary Victim âControl Mechanismsâ in Pure Psychiatric Injury
10: Philip Sales: An âOpaque Conclusionary Labelâ?: Assumption of Responsibility and Pure Economic Loss
Part III Causation
11: Richard W Wright: Dialogues on Causation with Stapleton
12: Gemma Turton: Causation at a Tipping Point: Material Contribution and the âWorse Offâ Question
13: Sandy Steel: Making a Difference: Liability and Necessity
Part IV Other Torts and Liabilities
14: Jonathan Morgan: Compensation as âConditional Licenceâ for Harmful Activities: An Exploration
15: John Murphy: Damage as an Essential Element in the Economic Torts
16: Jodi Gardner and Sarah Green: Continuing the Product Liability Illusion
17: Genevieve Grant and Harold Luntz: The Accident Preference, âUnrigorous Thinkingâ and Injury Compensation Schemes
