| Description |
1 online resource |
| Series |
Hart studies in private law |
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Hart studies in private law.
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| Contents |
Cover; Half-title; Title; Copyright; Foreword by Lord Hoffmann; Preface; Contents; Contributors; Table of Cases; Table of Legislation; Table of Delegated Legislation; Table of Conventions; Table of Restatements and Model Codes; A. General Issues and Themes; 1. Central Issues in the Law of Tort Defences; 1. INTRODUCTION; 2. WHAT IS A DEFENCE?; 3. THEMES ACROSS PRIVATE LAW; 4. THEMES FROM THE CRIMINAL LAW; 5. THE STRUCTURE OF THE BOOK; 2. Pleading Defences in Tort: The Historical Perspective; 3. Defining 'Defences'; 1. INTRODUCTION; 2. 'SENSES' OF 'DEFENCES'; 3. THE INCORPORATIONIST CHALLENGE |
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4. A WORKING DEFINITION OF 'DEFENCES'4. Tort Law's Missing Excuses; 1. TORTS AS 'INEXCUSABLE' WRONGS; 2. TORT DOCTRINE REVISITED; 3. RETHINKING WRONGS; 5. Duties to Try and Duties to Succeed; 1. LEGAL DUTIES; 2. THE OUTCOME MODEL: DUTIES TO SUCCEED; 3. THE CONDUCT MODEL: DUTIES TO TRY; 4. MIXTURES; 5. THE LAW; 6. AN HISTORICAL EXPLANATION; 6. Balancing Defences; 1. INTRODUCTION; 2. THE DISADVANTAGES OF 'BALANCING DEFENCES'; 3. THE STRUCTURE OF 'BALANCING DEFENCES'; 4. CONCLUSIONS; 7. Defences and Third Parties: Justifying Participation; 1. DEFENCES AVAILABLE TO A PRIMARY WRONGDOER |
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2. JUSTIFICATION3. EQUAL OR SUPERIOR RIGHT; 4. PERFORMANCE OF A DUTY; 5. STAPLE ARTICLE OF COMMERCE; 6. PUBLIC MORALS; 7. STATUTORY JUSTIFICATION; 8. CONCLUSIONS; B. Specific Defences; 8. Justifying Necessity as a Defence in Tort Law; 1. THREE FUNDAMENTAL QUESTIONS; 2. JUSTIFICATIONS AND EXCUSES; 3. THE NATURE OF NECESSITY IN TORT; 4. THE OPERATION OF NECESSITY; 5. CONCLUSIONS; 9. A Defence of Duress in the Law of Torts?; 1. INTRODUCTION: THE DOMINANT VIEW IN ENGLISH LAW; 2. THE LIMITED AUTHORITY AGAINST A TORTIOUS DEFENCE OF DURESS |
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3. A DEFENCE OF DURESS IN THE LAW OF TORTS BY ANALOGY WITH THE CRIMINAL LAW4. OVERLAP BETWEEN A DEFENCE OF NECESSITY AND A DEFENCE OF DURESS; 5. THE THEORETICAL BASIS FOR RECOGNITION OF A DEFENCE OF DURESS; 6. LABELLING OF DURESS: A 'DEFENCE', AN 'EXCUSE', A 'JUSTIFICATION' OR A 'PRIVILEGE'?; 7. CONCLUSION; 10. Nuisance, Planning and Regulation: The Limits of Statutory Authority; 1. INTRODUCTION; 2. THE ESSENCE OF STATUTORY AUTHORITY; 3. THE RELEVANCE OF PLANNING PERMISSION; 4. A DEFENCE OF REGULATORY COMPLIANCE?; 5. THE REGULATORY FAILURE ARGUMENT; 6. CONCLUSION |
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11. Weaving the Law's Seamless Web: Reflections on the Illegality Defence in Tort Law1. INTRODUCTION; 2. THE EVOLUTION OF NEGLIGENCE LAW: LOSING OUR MOORINGS?; 3. THE ILLEGALITY DOCTRINE: BROAD AND NARROW VERSIONS; 4. RECONCILING THE ILLEGALITY DEFENCE WITH CORRECTIVE JUSTICE; 5. CONCLUSION; 12. The Doctrine of Illegality and Interference with Chattels; 1. INTRODUCTION; 2. THE HYPOTHETICAL CASES; 3. HOW WOULD THE HYPOTHETICAL CASES BE DECIDED?; 4. HOW DOES THE DOCTRINE OF ILLEGALITY PREVENT RECOVERY WITHIN THE STRUCTURE OF TORT LIABILITY?; 5. HOW SHOULD THE HYPOTHETICAL CASES BE DECIDED? |
| Summary |
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 |
| Bibliography |
Includes bibliographical references and indexes |
| Notes |
Online resource; title from PDF title page (EBSCO, viewed February 9, 2015) |
| Subject |
Torts.
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Defense (Civil procedure)
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torts.
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LAW -- Administrative Law & Regulatory Practice.
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Defense (Civil procedure)
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Torts
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| Form |
Electronic book
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| Author |
Dyson, Andrew, editor
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Goudkamp, James, 1980- editor.
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Wilmot-Smith, Fred, editor
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| ISBN |
9781782255420 |
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1782255427 |
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9781474200974 |
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1474200974 |
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1849465266 |
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9781849465267 |
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1782255435 |
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9781782255437 |
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