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 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 372 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 A Treatise on the Law of Negligence written by Thomas Gaskell Shearman and published by . This book was released on 1898 with total page 878 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Theory of Tort Liability written by Allan Beever and published by Bloomsbury Publishing. This book was released on 2016-08-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Immanuel Kant's Metaphysics of Morals, the book shows that Kant's theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law. The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues that there are three general kinds of liability found in the law of tort: liability for putting another or another's property to one's purposes directly, liability for doing something to a third party that puts another or another's property to one's purposes, and liability for pursuing purposes in a way that improperly interferes with the ability of another to pursue her legitimate purposes. It terms these forms liability for direct control, liability for indirect control and liability for injury respectively. The result is a coherent, philosophical understanding of the structure of tort liability as an entire system. In developing its position, the book considers the laws of Australia, Canada, England and Wales, New Zealand and the United States.
Download or read book Negligence Purpose Elements and Evidence written by Vicki Lawrence MacDougall and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Negligence: Purpose, Elements, and Evidence book provides in depth knowledge separated by the individual states in the United States. This book will greatly benefit every plaintiff attorney and judge in the USA.
Download or read book The Law of Negligence written by James Henry Deering and published by . This book was released on 1886 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Negligence and Illegality written by Sharon Erbacher and published by Bloomsbury Publishing. This book was released on 2017-01-26 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines claims in negligence arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory case law. The book analyses the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. The book argues that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. It develops the work of Ernest Weinribian corrective justice theorists to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application.
Download or read book Commentaries on the Law of Negligence in All Relations written by Seymour Dwight Thompson and published by . This book was released on 1907 with total page 1328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Treatise on the Law of Negligence written by Thomas Gaskell Shearman and published by . This book was released on 1913 with total page 2317 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Treatise on the Law of Negligence written by Horace Smith and published by . This book was released on 1886 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Treatise on the Law of Negligence written by Thomas Gaskell Shearman and published by . This book was released on 1964 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Economic Negligence written by Jay M. Feinman and published by Aspen Publishers. This book was released on 1995 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Treatise on the Law of Negligence written by Horace Smith and published by . This book was released on 1896 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Code of Negligence written by John Brooks Leavitt and published by . This book was released on 1903 with total page 862 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Treatise on the Law of Negligence written by Francis Wharton and published by . This book was released on 1878 with total page 960 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Negligence in Relations Not Resting in Contract written by Seymour Dwight Thompson and published by . This book was released on 1880 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Treatise on the Law of Negligence written by and published by . This book was released on 1896 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
