基本説明
Articles by leading tort scholars from Australia, Canada, Hong Kong, Israel, New Zealand, the United Kingdom and the United States analyze recent leading developments in areas such as economic negligence, causation, vicarious liability, non-delegable duty, breach of statutory duty, etc.
Full Description
In this book, articles by leading tort scholars from Australia, Canada, Hong Kong, Israel, New Zealand, the United Kingdom and the United States deal with important theoretical and practical issues that are emerging in the law of torts. The articles analyse recent leading developments in areas such as economic negligence, causation, vicarious liability, non-delegable duty, breach of statutory duty, intentional torts, damages, and tort law in the family. They provide a foretaste of the issues that will face tort law in the near future and offer critical viewpoints that should not go unheeded. With its rich breadth of contributors and topics, Emerging Issues in Tort Law will be highly useful to lawyers, judges and academics across the common law world.
Contributors: Elizabeth Adjin-Tettey, Kumaralingam Amirthalingam, Peter Benson, Vaughan Black, Peter Cane, Erika Chamberlain, Israel Gilead, Paula Giliker, Rick Glofcheski, Lewis N Klar QC, Michael A Jones, Richard Lewis, John Murphy, Jason W Neyers, Ken Oliphant, David F Partlett, Stephen GA Pitel, Denise Reaume, Robert H Stevens, Andrew Tettenborn, Stephen Todd, Shauna van Praagh, Stephen Waddams, David R Wingfield, Richard W Wright.
Contents
Introduction
JASON W NEYERS, ERIKA CHAMBERLAIN AND STEPHEN G A PITEL
1. General and Special Tort Law: Uses (and Abuses) of Theory
PETER CANE
2. Breach of Statute and Tort Law
LEWIS N KLAR
3. 'Sois Sage'— Responsibility for Childishness in the Law of Civil Wrongs
SHAUNA VAN PRAAGH
4. Claims of Involuntary Parenthood: Why the Resistance?
ELIZABETH ADJIN-TETTEY
5. Liability for Psychiatric Damage: Searching for a Path between Pragmatism and Principle
MICHAEL A JONES
6. Should White v Jones Represent Canadian Law: A Return to First Principles
PETER BENSON
7. Breaches of Contracts and Claims by Third Parties
STEPHEN WADDAMS
8. Policy Issues in Defective Property Cases
STEPHEN TODD
9. Defective Structures and Economic Loss in the United States: Law and Policy
DAVID F PARTLETT
10. Harm Screening Under Negligence Law
ISRAEL GILEAD
11 Acts and Omissions as Positive and Negative Causes
RICHARD W WRIGHT
12 Decision Causation: Pandora's Tool-Box
VAUGHAN BLACK
13 Non-Delegable Duties and Vicarious Liability
ROBERT STEVENS
14 Juridical Foundations of Common Law Non-Delegable Duties
JOHN MURPHY
15 Perish Vicarious Liability?
DAVID R WINGFIELD
16 Comparative Perspectives on Vicarious Liability: Defining the Scope of Employment
PAULA GILIKER
17 What is a Loss?
ANDREW TETTENBORN
18 The Changing Face of the Gist of Negligence
KUMARALINGAM AMIRTHALINGAM
19 Tort Law in Practice: Appearance and Reality in Reforming Periodical Payments of Damages
RICHARD LEWIS
20 The Structure of the Intentional Torts
KEN OLIPHANT
21 The Role of Intention in the Tort in Wilkinson v Downton
DENISE RÉAUME
22 Where Principle Meets Pragmatism: Tort Law in Post-Colonial Hong Kong
RICK GLOFCHESKI
