Download or read book Justifying Liability to Third Parties for Negligent Misstatements written by Christian Witting and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The courts have experienced difficulty in justifying the imposition of liability to third parties for negligent misstatements. The justifications ordinarily invoked relate to notions of assumption of responsibility and detrimental reliance. These can be seen, in turn, to rest upon a normative framework of give and take (or quot;mutualityquot;) between statement makers and third party recipients. This article challenges the cogency of that normative framework and offers an alternative based upon the remedial nature of tort, which has traditionally focused upon the particular interactions by which wrongdoers have caused harm to others. The most important indicators of liability to third parties relate, in turn, to normatively significant features of the causal sequence between acting and the infliction of harm. These indicators, it is submitted, are (i) actual knowledge of the likelihood of harm if care is not taken and (ii) the tightness of the causal connection.
Download or read book Professional Liability to Third Parties written by Jay M. Feinman and published by American Bar Association. This book was released on 2006 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Misstatements written by Kit Barker and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2013 was the 50th anniversary of the House of Lords' landmark decision in Hedley Byrne v Heller. This international collection of essays brings together leading experts from five of the most important jurisdictions in which the case has been received (the United Kingdom, the United States, New Zealand, Canada and Australia) to reappraise its implications from a number of complementary perspectives-historical, theoretical, conceptual, doctrinal and comparative. It explores modern developments in the law of misstatement in each of the jurisdictions; examines the case's profound effects on the conceptual apparatus of the law of negligence more generally; explores the intersections between misstatement liabilities in contract, tort, equity and under statutory consumer protection provisions; and critically assesses the ways in which advisor liabilities have come to be limited and distributed under systems of 'joint and several' and 'proportionate' liability respectively. Inspired by Hedley Byrne, the purpose of the collection is to reflect on the case's echoes, effects and analogues throughout the private law and to provide a platform for thinking about the ways in which liabilities for misstatement and pure economic loss should be modelled in the modern day.
Download or read book Rediscovering the Law of Negligence written by Allan Beever and published by Bloomsbury Publishing. This book was released on 2007-05-30 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the law of negligence. Its aim is to re-establish the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are and must be based on individual policy decisions and that the task of the judge or commentator is to shape the law in terms of the relevant policies as she sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. The book argues that the law of negligence is best understood in terms of a relatively small set of principles enunciated in a small number of leading cases. It further argues that these principles are themselves best seen in terms of an aspect of morality called corrective justice which, when applied to the most important aspects of the law of negligence reveals that the law - even as it now exists - possesses a far greater degree of conceptual unity than is commonly thought. Using this method the author is able to examine familiar aspects of the law of negligence such as the standard of care; the duty of care; remoteness; misfeasance; economic loss; negligent misrepresentation; the liability of public bodies; wrongful conception; nervous shock; the defences of contributory negligence, voluntary assumption of risk, and illegality; causation; and issues concerning proof, to show that when the principles are applied and the idea of corrective justice is properly understood then the law appears both systematic and conceptually satisfactory. The upshot is a rediscovery of the law of negligence.
Download or read book Liability for Negligent Misstatements written by Christian A. Witting and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Duty of Care in Negligence written by James Plunkett and published by Bloomsbury Publishing. This book was released on 2018-02-08 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. A new structure through which duty problems can be analysed is also proposed. It is hoped that the book provides some fresh insights and clarity of the concept to the reader.
Download or read book The German Law of Torts written by Basil S Markesinis and published by Hart Publishing. This book was released on 2002-06-10 with total page 1127 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition has been extensively rewritten and enlarged and is an ideal tool for those interested in comparative torts and comparative methodology.
Download or read book Concentrate Questions and Answers Tort Law written by Karen Dyer and published by Oxford University Press. This book was released on 2022-08-10 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concentrate Q&A Tort Law guides you through how to structure a successful answer to a legal problem. Whether you are preparing for a seminar, completing assessed work, or in exam conditions, each guide shows you how to break down each question, take your learning further, and score extra marks. The Concentrate Q&A series has been developed in collaboration with hundreds of law students and lecturers across the UK. Each book in this series offers you better support and a greater chance to succeed on your law course than any other Q&A guide. 'A sure-fire way to get a 1st class result' - Naomi M, Coventry University 'I can't think of better revision support for my study' - Quynh Anh Thi Le, University of Warwick 'My grades have dramatically improved since I started using the OUP Q&A guides' - Glen Sylvester, Bournemouth University 'My fellow students rave about this book' - Octavia Knapper, Lancaster University 'These first class answers will transform you into a first class student' - Ali Mohamed, University of Hertfordshire 'The best Q&A books that I've read; the content is exceptional' - Wendy Chinenye Akaigwe, London Metropolitan University Take it online: The 2nd edition is available in paperback, or e-book. Visit www.oup.com/lawrevision/ for multimedia resources to help you with revision and assessment.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Restitutionary Rights to Share in Damages written by Simone Degeling and published by Cambridge University Press. This book was released on 2003-06-12 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights and obligations can arise, amongst other things, in tort or in unjust enrichment. Simone Degeling deals with the phenomenon whereby a stranger to litigation is entitled to participate in the fruits of that litigation. Two prominent examples of this phenomenon are the carer, entitled to share in the fund of damages recovered by a victim of tort, and the indemnity insurer, entitled to participate in the fruits of the insured's claim against the wrongdoer. Degeling demonstrates that both are rights raised to reverse unjust enrichment. Careful examination of these two categories reveals the existence of a novel policy-motivated unjust factor called the policy against accumulation. Degeling argues that this is an unjust factor of broad application, applying to configurations other than that of the carer and the indemnity insurer. This will interest restitution and tort lawyers, both academic and practitioner, as well as academic institutions and court libraries.
Download or read book Q a Revision Guide Law of Torts 2015 And 2016 written by David Oughton and published by Oxford University Press, USA. This book was released on 2015 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you're feeling overwhelmed by a sea of revision, let OUP's Questions and Answers series keep you afloat Written by experienced examiners, the Q&As offer expert advice on what to expect from your exam, how best to prepare, and guidance on what examiners are really looking for. Revision isn't always plain sailing, but the Q&As will allow you to approach your exams with confidence. Q&As will help you succeed by: - identifying typical law exam questions - giving you model answers for up to 50 essay and problem-based questions - demonstrating how to structure a good answer - helping you to avoid common mistakes - advising you on how to make your answer stand out from the crowd - teaching you how to use your existing knowledge to convey exactly what the examiner is looking for - directing you to related further reading
Download or read book Q A Revision Guide Law of Torts 2013 and 2014 written by David Oughton and published by Oxford University Press, USA. This book was released on 2013-01-10 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Q&A Law of Torts offers a lifeline to students revising for exams. It provides clear guidance from experienced examiners on how best to tackle exam questions, and gives students the opportunity to practise their exam technique and assess their progress.
Download or read book Tort Law written by Timon Hughes-Davies and published by Routledge. This book was released on 2019-06-26 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens if a driver carelessly crashes into another car? Or a newspaper publishes a story which makes derogatory comments about someone? Or if a resident plays loud music every night so that their neighbour cannot get any sleep? Tort law is a collection of such misbehaviours or misadventures where the law deems it appropriate to intervene with civil remedies. This new textbook addresses a range of the most prominent torts. The law is explained with clear writing and an accessible approach, relating the subject to everyday examples. There are key learning points to help anchor the reader’s basic understanding, and sections of analysis to guide the reader to a more advanced critical engagement. Above all, tort law is interesting, for it covers so much of our daily lives, and is a constant source of evolving litigation. The Routledge Spotlights series brings a modern, contemporary approach to the core curriculum for the LLB and GDL, which will help students: move beyond an understanding of the law; refine and develop the key skills of problem-solving, evaluation and critical reasoning; discover sources and suggestions for taking your study further. By focusing on recent case law and real-world examples, Routledge Spotlights will help you shed light on the law, understand how it operates in practice, and gain a unique appreciation of the contemporary context of the subject. This book is supported by a range of online resources developed to aid your learning, keep you up to date and help you prepare for assessments.
Download or read book Q and A Law of Torts 2007 2008 written by David W. Oughton and published by Blackstone Press. This book was released on 2007 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text is intended to give students the chance to evaluate and assess their progress in the study of the law of torts. It shows students how to successfully tackle the sort of problems found in examination papers.
Download or read book Liability of Corporate Groups and Networks written by Christian A. Witting and published by Cambridge University Press. This book was released on 2018-01-11 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.
Download or read book Tort written by Steve Hedley and published by Oxford University Press, USA. This book was released on 2011-03-03 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'Core Text Series' provides students with books which cover the core of a particular subject without over-simplifying and in a way that is accessible. This particular volume in the series looks at the law of tort.
Download or read book Product Liability written by Duncan Fairgrieve and published by Oxford University Press. This book was released on 2020-05-20 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.
