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Defences in Tort Dr Andrew Dyson

Defences in Tort By Dr Andrew Dyson

Defences in Tort by Dr Andrew Dyson


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Summary

This book explores the links between tort law defences on a theoretical level, and examines the nature and scope of individual defences. It will be of value to academics and practitioners alike.

Defences in Tort Summary

Defences in Tort by Dr Andrew Dyson

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.

Defences in Tort Reviews

All of the ... contributions are thought-provoking and provide a much-needed theoretical perspective the book is essential reading for all private law scholars. [Defences in Tort] is the first in a series of works concerned with defences to liability arising in private law and if the future editions come anywhere close to the calibre of essays contained here one very much looks forward to reading the rest. -- Craig Purshouse * Professional Negligence *
The general quality of the contributions is very good indeed and the collection as a whole can be enthusiastically recommended. * Yearbook of European Tort Law *

About Dr Andrew Dyson

Andrew Dyson is an Assistant Professor in Private Law at the London School of Economics and Political Science. James Goudkamp is a Fellow of Keble College, Oxford and an Associate Professor in the Oxford Law Faculty. Frederick Wilmot-Smith is a Fellow by Examination at All Souls College, Oxford and Lecturer in Law at Balliol College.

Table of 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' LUIS 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

Additional information

NLS9781509914166
9781509914166
1509914161
Defences in Tort by Dr Andrew Dyson
New
Paperback
Bloomsbury Publishing PLC
2017-05-25
376
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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