These essays illustrate the advantages of 'reflexive' tort scholarship by contrasting the reflexive scholarship of judicial analysis with grand theory, then applying reflexive scholarship to the tort of negligence. The final essay presents a wider argument about human responsibility and legal conduct.

These essays illustrate the advantages of 'reflexive' tort scholarship by contrasting the reflexive scholarship of judicial analysis with grand theory, then applying reflexive scholarship to the tort of negligence. The final essay presents a wider argument about human responsibility and legal conduct.

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.

Ewan McKendrick has been an instrumental figure in shaping the law of obligations, both as a practitioner and as a professor at the University of Oxford and University College London. On the occasion of his retirement from the Oxford Law Faculty, this volume presents a collection of essays in his honour. The contributions pay tribute to and reflect the breadth of Ewan McKendrick's scholarship and published work. Many are comparative in nature, reflecting a key element of his work. The volume is divided into four parts: contract, tort, unjust enrichment, and commercial law, with each of the 23 essays discussing a particular complex question or idea in its area. Topics include duress, good faith, frustration, the illegality defence, contractual interpretation, the basis for different forms of damages, the role of contracts in family life, corporate liability, the Marex tort, receivables financing, the regulation of international commercial contracts, the sale of goods, the development of transnational commercial law, mistakes of law, and implied terms. All 25 of the contributors have either been taught by, or worked closely with Ewan McKendrick (or, in some cases, both); and are all leading academics and/or practitioners, including two current members of the United Kingdom Supreme Court and a Justice of the High Court of Australia.

Economic torts play a key role in the development of private law more generally. Indeed, the landmark case of OBG v Allan (2008) provided one of the most important decisions in the whole of the law of torts in the last generation, as the House of Lords sought to bring order to an area of the law that has long been beset by doctrinal and theoretical puzzles. Probably the most enduring question of all in this area is whether the economic torts can be unified. This book argues that the search for unity is a will o' the wisp. More particularly, it shows that although some juridical connections exist between some of these torts, there is far more that separates them than unites them. Offering a unique perspective, this is a landmark publication on the law of economic torts.

Exploring the key discussions and arguments in tort law, this book enables students to get a deeper and more rounded understanding of the subject. Part of the Great Debates series, it is an engaging introduction to the more advanced legal concepts, such as negligent breach of duty and vicarious liability. Each chapter is structured around questions and debates that provoke deeper thought. It features summaries of the views of notable experts on key topics and each chapter ends with a list of further reading. This book is ideal for use by ambitious students alongside a main course textbook, encouraging them to think critically, analyse the topic and gain new insights. The development of these skills and the discursive nature of the series, with an emphasis on contentious topics, means the book is also useful for students when preparing their dissertations. Suitable for use on courses at all levels, this book helps students to excel in coursework and exams.

This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the 'standpoint limitation' and 'remedial consistency'. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.

This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.

This book takes a socio-legal approach and provides a rich and thorough understanding of tort law. Each section begins with a clear overview of the law, followed by illustrative extracts from case law and from government reports and scholarly literature, which are supported by explanation and analysis. This seventh edition has been brought completely up to date by Ken Oliphant and Donal Nolan.Digital formatsThe seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.· The e-book offers a mobile experience and convenient access along with functionality tools and navigation features: www.oxfordtextbooks.co.uk/ebooks · All of OUP's tort law textbooks are supported by online resources including bi-annual updates on the latest key developments in tort law, and self-test questions on key topics, with feedback, providing an opportunity for students to test and consolidate their learning.

Integrating marginalised perspectives into the curriculum and discourse, this indispensable textbook amplifies under-represented voices in the field and paves the way for a more inclusive and comprehensive understanding of tort law.