Tort Law
Tort Law

Author: Mark Lunney

Publisher: Oxford University Press

Published: 2008

Total Pages: 1059

ISBN-13: 0199211361

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Each section begins with a clear overview of the key points of the law, before fully explaining and illustrating the topic through substantial case extracts and further commentary."--BOOK JACKET.

McGregor on Damages
McGregor on Damages

Author: Harvey McGregor

Publisher:

Published: 2005

Total Pages: 211

ISBN-13: 9780421906105

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McGregor has been leading authority on the law of damages for nearly 150 years. Part of the 'Common Law Library', it provides in-depth and comprehensive coverage of the law, from detailed consideration of the general principles to specific heads of damages. Damages in contract and tort are compared, and each type is dealt with individually. Related procedural issues are also covered in a separate section, bringing the work fully up-to-date with the impact of the Civil Procedure Rules. This book covers both particular causes of action in contract, tort and now human rights, with detailed explanation of how the law applies to specific practice areas and situations. It includes in-depth analysis of case law such as SAAMCO, Fairchild, McFarlane, Farley v Skinner and Kuddus. Fully up-to-date with new chapters on Human Rights and Restitutionary Damages, it clarifies complex areas such as loss of a chance, mitigation, causation and exemplary damages. It considers current issues including calculation of damages, periodical payments and interest on damages and anticipates likely future developments. payments with reference to the recent Law Commission Consultation Paper. It is supplemented regularly to stay up-to-date with developments as they occur.

Restitutionary Rights to Share in Damages
Restitutionary Rights to Share in Damages

Author: Simone Degeling

Publisher: Cambridge University Press

Published: 2003-06-12

Total Pages: 316

ISBN-13: 1139435590

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Rights and obligations can arise, amongst other things, in tort or in unjust enrichment. Simone Degeling deals with the phenomenon whereby a stranger to litigation is entitled to participate in the fruits of that litigation. Two prominent examples of this phenomenon are the carer, entitled to share in the fund of damages recovered by a victim of tort, and the indemnity insurer, entitled to participate in the fruits of the insured's claim against the wrongdoer. Degeling demonstrates that both are rights raised to reverse unjust enrichment. Careful examination of these two categories reveals the existence of a novel policy-motivated unjust factor called the policy against accumulation. Degeling argues that this is an unjust factor of broad application, applying to configurations other than that of the carer and the indemnity insurer. This will interest restitution and tort lawyers, both academic and practitioner, as well as academic institutions and court libraries.

The Law of Nuisance
The Law of Nuisance

Author: John Murphy

Publisher: OUP Oxford

Published: 2010-11-25

Total Pages: 0

ISBN-13: 9780199214532

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Providing a comprehensive analysis of the law of nuisance in England and Wales this book addresses private, public and statutory nuisance as well as the protection of the environment.

Insurance and the Law of Obligations
Insurance and the Law of Obligations

Author: Rob Merkin

Publisher: OUP Oxford

Published: 2013-08-29

Total Pages: 2353

ISBN-13: 019150792X

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It is widely acknowledged that insurance has a major impact on the operation of tort and contract law regimes in practice, yet there is little sustained analysis of their interaction. The majority of academic private lawyers have little knowledge of insurance law in its own right, and the amount of discussion directed to insurance in private law theory is disproportionately small in relation to its practical importance. Filling this substantial gap in the literature, this book explores the multiple influences of insurance in the law of obligations, and the nature and impact of insurance law as an inherent and significant aspect of private law. It combines conceptual and doctrinal analysis, informing the theoretical discussion of the nature of private law, including the role of judicial and public purpose, and the place of formalism and of contextualism in normative theories of private law. Arguing for the wider recognition of the multiple impacts of insurance, the book claims that recognition of the presence of insurance necessarily marks a departure from the two-party framework sometimes described as definitive of private law. The structured exploration and interpretation of the contemporary role of insurance in the law of obligations, and of its implications, illuminates this under-explored area of private law, and equips the reader for further enquiry and debate.

Torts in Commercial Law
Torts in Commercial Law

Author: Simone Degeling

Publisher:

Published: 2011

Total Pages: 514

ISBN-13: 9780455229232

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TORTS IN COMMERCIAL LAW guides practitioners through a complex, difficult and controversial area of the law, offering a resource illuminating the many particular and difficult issues at this intersection. The third volume in a compelling "commercial law library", accompanying Equity in Commercial Law and Unjust Enrichment in Commercial Law, this new book will be turned to frequently. Based on the papers presented at the international conference, "Torts in Commercial Law 2010", this book brings together in one volume a series of chapters from a team of prestigious contributors analysing the interaction of common law and equity in commercial law. Its unique strength is its sustained examination and the conceptual unity that it brings to the subject matter. The world's leading experts - practitioners, judges and academics - provide unique commentary in this key area of the law. Contents Introduction Part I: General Themes and Directions Part II: Economic Torts and Economic Loss Part III: Insurance and the State Part IV: Causation, Damages and Defences Contributors include The Hon Justice James Allsop, Associate Professor Kit Barker, Professor Andrew Burrows QC FBA, Associate Professor Simone Degeling, Dr Simon Douglas, The Hon Justice James Edelman, The Hon Chief Justice Robert French AC, Professor Mark Gergen, Dr James Goudkamp, The Hon Sir Grant Hammond KNZM, The Rt Hon Lord Hoffmann PC, Professor Lewis Klar, Professor Barbara McDonald, Associate Professor Jason Neyers, Professor Jane Stapleton, Professor Robert Stevens, Professor Jenny Steele, Mr William Swadling, Professor Stephen Todd and Professor Prue Vines.

Street on Torts
Street on Torts

Author: Christian A. Witting

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 819

ISBN-13: 0198700946

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Street on Torts provides a scholarly and incisive treatment of the law of torts with a focus upon key concepts and clear explanations. This book builds upon the learning of its previous, celebrated authors and, nearly 60 years after publication of the first edition, is considered a classic exposition of the law of torts.