Tort Law And Economic Interests
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Author | : Peter Cane |
Publisher | : Oxford University Press, USA |
Total Pages | : 574 |
Release | : 1996 |
Genre | : Law |
ISBN | : |
This book is about the way in which the law of torts protects financial assets such as money, property, and contracts. It focuses on the interests protected and does not follow the usual textbook arrangement of the law according to the various torts (such as trespass, negligence, and defamation). The discussion goes well beyond the debate about about recovery for economic loss in negligence as it places that debate in a much wider context. The introduction explains the notion of economic interests and why this has been chosen as the focus of attention. The second part gives an account of the relevant rules of tort law while the third part examines the relationship between tort law and other techniques for protecting economic interests such as regulation and insurance. The final part discusses the aims and functions of tort law. Many of the issues discussed receive very little attention in most tort texts.
Author | : John Eldridge |
Publisher | : Bloomsbury Publishing |
Total Pages | : 361 |
Release | : 2021-12-02 |
Genre | : Law |
ISBN | : 1509934758 |
This book explores contemporary issues in respect of causes of action which operate to protect a plaintiff's economic interests. It examines the question from across the spectrum of private law. Focusing mainly on common law principles, it looks in particular at the treatment of such causes of action in the United Kingdom, Australia, Canada, Singapore as well as other common law jurisdictions. Addressing both theoretical and doctrinal issues, this important book will appeal to both private law scholars and practitioners.
Author | : Peter T. Burns |
Publisher | : |
Total Pages | : |
Release | : 2016-08 |
Genre | : |
ISBN | : 9780433486923 |
Author | : Jennifer Arlen |
Publisher | : Edward Elgar Publishing |
Total Pages | : 668 |
Release | : 2013-11-29 |
Genre | : Law |
ISBN | : 1781006172 |
Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral anal
Author | : Malabika Pal |
Publisher | : Taylor & Francis |
Total Pages | : 358 |
Release | : 2019-09-02 |
Genre | : Law |
ISBN | : 1000627497 |
This book looks at the negligence concept of tort law and studies the efficiency issue arising from the determination of negligence. It does so by scrutinizing actual court decisions from three common law jurisdictions – Britain, India and the United States of America. This volume fills a very significant gap, scrutinizing 52 landmark judgments from these three countries, by focussing on the negligent affliction of economic loss determined by common law courts and how these findings relate to the existing theoretical literature. By doing so, it examines the formalization of legal concepts in theory, primarily the question of negligence determination and liability, and their centrality in theories concerning tort law. This book will be very helpful for students, professors and practitioners of law, jurisprudence and legal theory. It will additionally be of use to researchers and academics interested in law and economics, procedure and legal history.
Author | : John Oberdiek |
Publisher | : |
Total Pages | : 464 |
Release | : 2014-02 |
Genre | : Law |
ISBN | : 0198701381 |
This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.
Author | : William M. Landes |
Publisher | : Harvard University Press |
Total Pages | : 356 |
Release | : 1987 |
Genre | : Business & Economics |
ISBN | : 9780674230514 |
Written by a lawyer and an economist, this is the first full-length economic study of tort law--the body of law that governs liability for accidents and for intentional wrongs such as battery and defamation. Landes and Posner propose that tort law is best understood as a system for achieving an efficient allocation of resources to safety--that, on the whole, rules and doctrines of tort law encourage the optimal investment in safety by potential injurers and potential victims. The book contains both a comprehensive description of the major doctrines of tort law and a series of formal economic models used to explore the economic properties of these doctrines. All the formal models are translated into simple commonsense terms so that the "math less" reader can follow the text without difficulty; legal jargon is also avoided, for the sake of economists and other readers not trained in the law. Although the primary focus is on explaining existing doctrines rather than on exploring their implementation by juries, insurance adjusters, and other "real world" actors, the book has obvious pertinence to the ongoing controversies over damage awards, insurance rates and availability, and reform of tort law-in fact it is an essential prerequisite to sound reform. Among other timely topics, the authors discuss punitive damage awards in products liability cases, the evolution of products liability law, and the problem of liability for "mass disaster" torts, such as might be produced by a nuclear accident. More generally, this book is an important contribution to the "law and economics" movement, the most exciting and controversial development in modern legal education and scholarship, and will become an obligatory reference for all who are concerned with the study of tort law.
Author | : Peter T. Burns |
Publisher | : |
Total Pages | : 471 |
Release | : 2009 |
Genre | : Torts |
ISBN | : 9780433391876 |
"This eagerly-anticipated publication was created to fill the need for a thorough, one-stop reference source on a complex, multi-faceted subject. Economic loss is often inadequately dealt with in the larger context of the law of torts. This book offers, for the first time, an in-depth look at how the law protects economic interests from being injured through the acts of others, primarily focusing on intentionally-caused economic loss.
Author | : Ernest J. Weinrib |
Publisher | : Oxford University Press |
Total Pages | : 365 |
Release | : 2012-09-20 |
Genre | : Law |
ISBN | : 0199660646 |
Private law governs our most pervasive relationships: the wrongs we do one another, the contracts we make and break, and the property we own. This book analyses the deepest questions about the law's foundations, showing how a distinctive notion of justice, 'corrective justice', describes the special morality intrinsic to private law.
Author | : Carol Harlow |
Publisher | : Sweet & Maxwell |
Total Pages | : 212 |
Release | : 2005 |
Genre | : Law |
ISBN | : 9780421878402 |
This text offers an overview of the tort system for the non-lawyer or new law undergraduate. This new edition looks at topics such as the theories of tort law, accident compensation and its future, the rise of negligence, and issues in economic loss.