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 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 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.
Download or read book The Origin and Development of the Negligence Action written by and published by . This book was released on 1970 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Landmark Cases in the Law of Tort written by Charles Mitchell and published by Bloomsbury Publishing. This book was released on 2010-02-18 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Landmark Cases in the Law of Tort contains thirteen original essays on leading tort cases, ranging from the early nineteenth century to the present day. It is the third volume in a series of collected essays on landmark cases (the previous two volumes having dealt with restitution and contract). The cases examined raise a broad range of important issues across the law of tort, including such diverse areas as acts of state and public nuisance, as well as central questions relating to the tort of negligence. Several of the essays place cases in their historical context in ways that change our understanding of the case's significance. Sometimes the focus is on drawing out previously neglected aspects of cases which have been – undeservedly – assigned minor importance. Other essays explore the judicial methodologies and techniques that worked to shape leading principles of tort law. So much of tort law turns on cases, and there are so many cases, that all but the most recent decisions have a tendency to become reduced to terse propositions of law, so as to keep the subject manageable. This collection shows how important it is, despite the constant temptation to compression, not to lose sight of the contexts and nuances which qualify and illuminate so many leading authorities.
Download or read book Negligence Without Fault written by Albert A. Ehrenzweig and published by Univ of California Press. This book was released on 2023-11-10 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.
Download or read book International Encyclopedia of Comparative Law written by Viktor Knapp and published by Martinus Nijhoff Publishers. This book was released on 1983 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Transformation of American Law 1780 1860 written by Morton J. HORWITZ and published by Harvard University Press. This book was released on 2009-06-30 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.
Download or read book The Development of Medical Liability written by Ewoud Hondius and published by Cambridge University Press. This book was released on 2014-07-31 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: A historical examination of the liability of healthcare professionals in tort and other systems of compensation in various European countries.
Download or read book Common Law Tort Contract written by Thomas Lundmark and published by LIT Verlag Münster. This book was released on 1998 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Download or read book Tort Law written by Jenny Steele and published by Oxford University Press. This book was released on 2017 with total page 997 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Tort Law' offers a stimulating introduction to the subject. Jenny Steele provides a sound analysis of the key principles before exploring a wide range of critical perspectives through an extensive selection of cases and materials.
Download or read book Joint Torts and Contributory Negligence written by Glanville Llewelyn Williams and published by . This book was released on 1977 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book English Common Law in the Age of Mansfield written by James Oldham and published by Univ of North Carolina Press. This book was released on 2005-12-15 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.
Download or read book A History of American Law Third Edition written by Lawrence M. Friedman and published by Simon and Schuster. This book was released on 2005-06-01 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this brilliant and immensely readable book, Lawrence M. Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices, and attitudes toward property, government, crime, and justice. Now completely revised and updated, this groundbreaking work incorporates new material regarding slavery, criminal justice, and twentieth-century law. For laymen and students alike, this remains the only comprehensive authoritative history of American law.
