Todd on Torts

Todd on Torts
Author: Stephen M. D. Todd
Publisher:
Total Pages: 1572
Release: 2019
Genre:
ISBN: 9781988553818

Tort Law in New Zealand

Tort Law in New Zealand
Author: Stephen Todd
Publisher: Kluwer Law International B.V.
Total Pages: 571
Release: 2022-07-20
Genre: Law
ISBN: 940354712X

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in New Zealand. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in New Zealand. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Recognizing Wrongs

Recognizing Wrongs
Author: John C. P. Goldberg
Publisher: Harvard University Press
Total Pages: 393
Release: 2020-02-04
Genre: Law
ISBN: 0674246527

Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.

Tort Law in New Zealand

Tort Law in New Zealand
Author: Stephen Todd
Publisher: Kluwer Law International B.V.
Total Pages: 310
Release: 2017-11-20
Genre: Law
ISBN: 9041193464

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in New Zealand. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers New Zealand. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Legal Research in New Zealand

Legal Research in New Zealand
Author: Mary-Rose Russell
Publisher:
Total Pages:
Release: 2014-12
Genre: Legal research
ISBN: 9781927248034

Written for undergraduate students of law, law clerks, novice law librarians, librarians in public libraries which host Depository Collections, and self-litigants, Legal Research in New Zealand explores the various legal sources, how to find them and how to go about best using them in a practical and user friendly style. Features: Written by well-respected New Zealand authoring team; Addresses legal research skills relevant to the New Zealand student and invaluable for their legal career; Up-to-date and relevant content

Law of Contract in New Zealand

Law of Contract in New Zealand
Author: John Frederick Burrows
Publisher:
Total Pages: 960
Release: 2012
Genre: Contracts
ISBN: 9781927149546

The fourth edition of Burrows, Finn and Todd's Law of Contract provides definitive coverage of the law of contract in New Zealand. The clarity and the comprehensive nature of the discussion make this book the first point of reference for the legal practitioner, the law student, and all who are interested in this core field of law. This latest edition maintains and builds upon the exemplary standards set by its predecessors. The fourth edition includes many new and significant cases. Examples include: Nielsen v Dysart Timbers Ltd (2009) (lapse and termination of offers); Vector Gas Ltd v Bay of Plenty Energy Ltd (2010) and Wholesale Distributors Ltd v Gibbons Holdings Ltd (2008) (use of prior negotiations and subsequent conduct in the interpretation of contracts); Attorney-General of Belize v Belize Telecom Ltd (2009) (implication of terms); Tercon Contractors Ltd v British Columbia (2010) (exclusion of liability); Laidlaw v Parsonage (2010) (privity of contract); Sunset Terraces (2011) (privity and third party claims in negligence); Gustav and Co Ltd v Macfield Ltd (2008) (unconscionable bargains); S B Properties Ltd v Holdgate (2011) (assignment of the burden of a contract); Ingram and Knee v Patcroft Properties Ltd (2011) and Mana Property Trustees Ltd v James Development Ltd (2010) (cancellation of contracts); Golden Strait Corporation v Nippon Yusen Kubishika Kaisa (2007) (damages); and Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) (2009) (remoteness of damage). New legislation also has been enacted. In particular, chapter 8 has been substantially revised in the light of the requirements of the Property Law Act 2007; and the discussion of limitation of actions in chapter 21 now includes the provisions of the Limitation Act 2010. All of the chapters have been revised and updated to take account of these and other developments. Examples where there have been recent and helpful decisions include the discussions of certainty of contract, of conditional contracts after Steele v Serepisos, of misrepresentation and the Fair Trading Act, and of undue influence in the light of Royal Bank of Scotland v Etridge.