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Author: Mauro Bussani Publisher: Cambridge University Press ISBN: 113943862X Category : Law Languages : en Pages : 641
Book Description
How far can tort liability expand without imposing excessive burdens upon individual activity? This comprehensive 2003 study of pure economic loss in Europe uses a fact-based comparative method and research into the laws of thirteen European countries. Includes a historical and analytical introduction to economic loss.
Author: Mauro Bussani Publisher: Cambridge University Press ISBN: 113943862X Category : Law Languages : en Pages : 641
Book Description
How far can tort liability expand without imposing excessive burdens upon individual activity? This comprehensive 2003 study of pure economic loss in Europe uses a fact-based comparative method and research into the laws of thirteen European countries. Includes a historical and analytical introduction to economic loss.
Author: Russell Brown Publisher: ISBN: 9780433454502 Category : Negligence Languages : en Pages : 481
Book Description
"This is the first book devoted solely to examining Canadian case authorities and the unique problems that arise from them. It also introduces a new innovative macro-organizational structure for understanding pure economic loss. In doing so, the book brings new insight, explanations, and ways of looking at this complicated subject area."--Publisher.
Author: Christian A. Witting Publisher: ISBN: 9780199250103 Category : Law Languages : en Pages : 0
Book Description
This new book is the first comprehensive and integrated account of the law on liability for negligent misstatements. Designed as a comprehensive guide for practitioners, it outlines the essential issues that must be considered in determining whether a client will have a cause of action fornegligent misstatement. It will also discuss in detail those issues that are likely to prove most contentious.In England, liability for negligent misstatements provides the most important form of tortious redress for financial losses. The examination of this complex law takes place at a number of levels.First, the book attempts to unravel the 'three-stage test' which provides the conceptual framework within which duties of care are analysed in tort. An account of the function of each stage of the test is offered. Second, the book defines what constitutes 'physical damage' and 'pure economic loss'and examines the major ways in which the latter kind of loss arises. Third, the book outlines the elements of liability in physical damage and pure economic loss cases. The treatment of liability by negligent misstatements is completed with a full discussion of breach, causation, and the defences.
Author: Hazel Carty Publisher: ISBN: 0199546746 Category : Law Languages : en Pages : 363
Book Description
The economic torts for too long have been under-theorized and under-explored by academics and the judiciary alike. In recent years claimants have exploited the resulting chaos by attempting to use the economic torts in ever more exotic ways. This second edition, as before, attempts to provide practical legal research to both explore the ingredients of all these torts - both the general economic torts (inducing breach of contract, the unlawful means tort, intimidation, the conspiracy torts) and the misrepresentation economic torts (deceit, malicious falsehood and passing off) - and their rationales. And, as before, an optimum framework for these torts is suggested. However that framework has to take on board the apparent tension within the House of Lords as revealed in the recent decisions in OBG v Allan and Total Network v Revenue. Over 100 years ago the House of Lords in the seminal decision of Allen v Flood in theory set the agenda for the modern development of the economic torts. The majority in that case adopted an abstentionist approach to liability for intentionally inflicted economic harm, so that even where intentional and unjustified economic harm was inflicted, liability would not necessarily follow. However, this clear framework for the torts was obscured by subsequent case law, leaving the economic torts in a hopeless muddle by the start of the twenty-first century. A chance to finally sort out this mess was presented to the House of Lords in 2007 in the shape of three conjoined appeals, reported under the name OBG v Allan. The thrust of the judgments was that a framework for the economic torts was to be established and dicta and decisions that caused problems and incoherence were to be named and shamed. Re-affirming the abstentionist philosophy of Allen v Flood Lord Hoffmann and Nicholls and Baroness Hale in part relied upon the first edition of An Analysis of the Economic Torts, Lord Hoffmann noting "... if what I have said does anything to clarify what has been described as an extremely obscure branch of the law, much is owing to Hazel Carty's book An Analysis of the Economic Torts ". However, within 10 months of the OBG decision, a differently constituted HL in Total Network SL v Revenue and Customs Commissioners undermined this nascent coherence and did so by focusing on the conspiracy torts (previously dismissed by some commentators as anomalous or superfluous). Distinguishing OBG (which did not as such analyse the conspiracy torts) the House of Lords in Total Network may have shifted the general economic torts from the abstentionist to the interventionist track of development. Thus it is suggested that conflicting agendas for general economic liability can be discerned in the OBG and Total Network judgments. These agendas are debated (against the background of the growing academic debate) and a coherent approach suggested. As for the misrepresentation torts their potential for development is also discussed and the peril of allowing them to transform into unfair trading or misappropriation torts is explained. As a result, the second edition involves a substantial re-write of the first edition. However, the thesis of the author remains that a coherent framework for these torts can best be constructed based on a narrow remit for the common law.
Author: Mauro Bussani Publisher: Edward Elgar Publishing ISBN: 1789905982 Category : Law Languages : en Pages : 584
Book Description
This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
Author: Mark Geistfeld Publisher: Aspen Publishing ISBN: 145482137X Category : Law Languages : en Pages : 1176
Book Description
Mark Geistfeld, the author of the leading textbook on products liability, an important text on tort law and dozens of scholarly articles, has class-tested the material in Products Liability Law for more than five years at NYU. He has made the study of products liability an advanced torts class that cements knowledge of fundamental tort principles while developing both specialized expertise and a deeper understanding of the torts process. Illuminating textual discussion follows a wide range of riveting cases. Unlike many casebooks that simply pose the question, Products Liability Law provides the analyses needed to address each challenging problem. Unifying the two competing conceptions of products liability, students become familiar with both approaches and develop a balanced perspective. Features: Stellar authorship: Mark Geistfeld leading textbook on products liability important tort law textbook dozens of scholarly articles. Classroom-tested for five years Makes the study of products liability an advanced tortsclass cements knowledge of fundamental tort principles develops both specialized expertise and a deeper understanding of the torts process Wide range of interesting cases followed by extended textual discussion Provides analysis needed to address challenging questions, missing from most casebooks Unifies the two competing conceptions of products liability
Author: Keith N. Hylton Publisher: Cambridge University Press ISBN: 1316598497 Category : Law Languages : en Pages : 465
Book Description
Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.
Author: Robby Bernstein Publisher: ISBN: 9781847030290 Category : Business losses Languages : en Pages : 2734
Book Description
Employment Court Practice is a new court reference work for employment practitioners that provides clear, practical explanation and insight on the Employment Tribunal and Employment Appeal Tribunal Rules. Provides expert commentary on all facets of employment litigation.
Author: Mark Lunney Publisher: Oxford University Press ISBN: 0199211361 Category : Law Languages : en Pages : 1059
Book Description
Each section begins with a clear overview of the key points of the law, before fully explaining and illustrating the topic through substantial case extracts and further commentary."--BOOK JACKET.
Author: Mauro Bussani
Author: Mauro Bussani
Author: Russell Brown
Author: Christian A. Witting
Author: Hazel Carty
Author: Mauro Bussani
Author: Mark Geistfeld
Author: Keith N. Hylton
Author: Jay M. Feinman
Author: Robby Bernstein
Author: Mark Lunney