Download or read book Negligence written by E. J. H. Schrage and published by Comparative Studies in Continental and Anglo-American Legal History. This book was released on 2001 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Der Autor zielt auf eine dynamische Vergleichung der Probleme auf dem Gebiet des Rechts der unerlaubten Handlung, die sich in der Geschichte auf der einen Seite auf dem Kontinent Westeuropas, auf der anderen Seite im Bereich des common law dargeboten haben. Das allgemeine Konzept der unerlaubten Handlung als solche ist, soweit es den Kontinent anbelangt, eine Schöpfung des mittelalterlichen, namentlich des kanonischen Rechts. Auf der anderen Seite des Kanals geht die unerlaubte Handlung, die man als negligence anzudeuten pflegt, hauptsächlich auf das 19. Jahrhundert zurück, obwohl deren Wurzeln sich schon beträchtlich früher auffinden lassen. In beiden Rechtskreisen handelt es sich um eine Generalisierung schon seit Alters her bestehender Konzepte, die mit der Formulierung der alten Klagen geradewegs in Verbindung stehen. Dieser Prozeß der Generalisierung hat sich aber nicht unbehindert vollzogen. Gerade die Hürden und Schwierigkeiten auf dem Wege zur Generalisierung der alten Klagen und Konzepte bilden das zentrale Thema dieses Buches. Sie werden von voranstehenden Rechtshistorikern aus dem Bereich des deutschen, englischen, französischen, niederländischen und schottischen Rechts erläutert. Der Herausgeber, der schon früher in dieser Reihe einen Band über ungerechtfertigte Bereicherung veröffentlicht hat, ist für die Einführung aus rechtsvergleichender Sicht verantwortlich.
Download or read book The History of Negligence in the Law of Torts written by T. N. Sapru and published by . This book was released on 1958 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A History of Tort Law 1900 1950 written by Paul Mitchell and published by Cambridge University Press. This book was released on 2015 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first historical treatment of tort law in England during a formative period of its development.
Download or read book Tort Law in America written by G. Edward White and published by Oxford University Press, USA. This book was released on 2003 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: G. Edward White's 'Tort Law in America' is regarded as a standard in the field. Concise, accessible and wide-ranging, White's work represents a major work of legal scholarship, providing an enduring intellectual history of American tort law.
Download or read book Tort Law in American History written by Kermit L. Hall and published by Articles-Garlan. This book was released on 1987 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is a collection of essays on the growth of tort law concepts of negligence, fault, and liability in response to the industrialization of the nineteenth century. The articles assess the distributive economic consequences of tort law and its effectiveness in protecting average citizens.
Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Download or read book The Evolution from Strict Liability to Fault in the Law of Torts written by Anthony Gray and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gradually, the law of tort has shifted away from a strict-liability approach to one where fault predominates. This book charts important case law documenting this shift. It seeks to understand how and why it occurred. Given that the Rylands v Fletcher decision is typically seen as a prime exemplar of strict liability, it focusses particularly on that case, as part of the historical development of tort law. It considers the intellectual arguments made in favour of strict liability, and for fault-based liability. Having done so, it then focusses on particular areas of the law of tort, including nuisance, defamation and trespass. It is somewhat anomalous that though most would view these as examples of torts of strict liability, fault considerations have become prominent in their application. This presents an uneasy compromise, where torts that are notionally strict in nature are infused with fault considerations, often through exceptions or defences. This book advocates for further development in the law of tort to better reflect a primarily fault-based approach to liability, at least in the common law. This would make the law of tort more coherent.
Download or read book A History of Tort Law 1900 1950 written by Paul Mitchell and published by . This book was released on 2015 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any title containing dates immediately raises questions: why start there?, why stop then? When the answer is not immediately obvious - the start and end of a monarch's reign, say, or a war - there may be little consolation in the reader's discovering that the contents of such books almost always break their titles' implicit promises to confine themselves to events between certain dates. So it might be as well to come clean right at the very start, and admit that nothing special or symbolic happened in either 1900 or 1950 that will serve as the beginning and end points of this book. Indeed, in a discipline like law where so much turns on interpreting what has happened in the past, a pedantically strict attitude to start dates is always likely to create more problems than it solves. As readers may have guessed from the suspiciously round numbers in the title, this is a book about the history of tort law that focuses on the first half of the twentieth century, but has no hesitation in straying slightly outside the period where the subject-matter calls for it
Download or read book Tort Law in America written by Edward G. White and published by . This book was released on 1985 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This history of tort law in America looks at how the subject has been conceptualized, pointing out why changes in rules occurred, and who did the changing. White approaches his subject from four perspectives: intellectual history, the sociology of knowledge, the phenomenon of professionalization in the late 19th and 20th centuries in America, and the recurrent concerns of tort law since it became a discrete field.
Download or read book Tort Law written by Kirsty Horsey and published by Oxford University Press. This book was released on 2017 with total page 727 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an ideal main text for undergraduate tort law courses. The authors combine a lively, engaging writing style with a critical approach to the subject. It uses pedagogical features such as 'counterpoint' and 'pause for reflection' boxes to encourage students to think more deeply.
Download or read book Contributory Negligence written by Emanuel van Dongen and published by Martinus Nijhoff Publishers. This book was released on 2014-08-14 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accidents often occur not only through the fault of the wrongdoer but also partly through the conduct of the injured party. This contributory conduct of the injured party and its consequences for the delictual liability of the wrongdoer have been central issues in the study of private law for centuries. In Contributory Negligence. A Historical and Comparative Study Van Dongen presents a detailed study of how from Antiquity to today the negligent behaviour of the injured party has influenced claims for damages based on delictual liability and how it evolved into the modern concept of contributory negligence. His research comprises a comparative legal study of the main current developments concerning the concept of contributory negligence in France, Germany and the Netherlands.
Download or read book The Law of Torts written by Melville Madison Bigelow and published by . This book was released on 1907 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Maine Tort Law written by Jack Simmons and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Negligence written by Victor E. Schwartz and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A History of Tort Law 1900 1950 written by Paul Mitchell and published by . This book was released on 2015 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any title containing dates immediately raises questions: why start there?, why stop then? When the answer is not immediately obvious - the start and end of a monarch's reign, say, or a war - there may be little consolation in the reader's discovering that the contents of such books almost always break their titles' implicit promises to confine themselves to events between certain dates. So it might be as well to come clean right at the very start, and admit that nothing special or symbolic happened in either 1900 or 1950 that will serve as the beginning and end points of this book. Indeed, in a discipline like law where so much turns on interpreting what has happened in the past, a pedantically strict attitude to start dates is always likely to create more problems than it solves. As readers may have guessed from the suspiciously round numbers in the title, this is a book about the history of tort law that focuses on the first half of the twentieth century, but has no hesitation in straying slightly outside the period where the subject-matter calls for it.
Download or read book The Hidden Holmes written by David Rosenberg (Professor of law) and published by Harvard University Press. This book was released on 1995 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This bold book challenges a contemporary consensus on the titanic figure of Oliver Wendell Holmes. Holmes is the acknowledged source of twentieth-century tort law, but David Rosenberg takes sharp issue with the current portrayal of Holmes as a legal formalist in torts who opposed the notion of strict liability and dogmatically advocated a universal rule of negligence, primarily to subsidize industrial development. Marshaling the evidence found in Holmes' classic The Common Law and other writings, the author reveals that the opposite was the case, and, in the process, raises troubling questions about the present state of legal scholarship. It was Holmes who founded the modern conception and justification of strict liability. He envisioned an expansive role for strict liability to augment the negligence rule in preventing and redressing injury from industrial activity. This recovery of Holmes' theory of torts provides new insights into the nature of the jurisprudence that launched the American legal realist movement, and also overturns standard interpretations of the history of tort law. Rejecting the prevailing view that either strict liability or negligence reigned exclusively, Holmes and his contemporaries reconciled the existence of both rules, and advocated reforms of tort law to protect society from the unprecedented hazards of industrial life. The parallel drawn by the book between their response and ours in grappling with the novel problem of mass torts confirms Holmes' belief in the adaptive genius of the common law.
Download or read book A Historical Introduction to the Law of Obligations written by David J. Ibbetson and published by Oxford University Press, USA. This book was released on 2001 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers exploiting procedural advantages in their clients' interest are described & analyzed.
