The Law of Private Nuisance
The Law of Private Nuisance

Author: Allan Beever

Publisher: Bloomsbury Publishing

Published: 2014-07-18

Total Pages: 297

ISBN-13: 1782253408

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It is said that a nuisance is an interference with the use and enjoyment of land. This definition is typically unhelpful. While a nuisance must fit this account, it is plain that not all such interferences are legal nuisances. Thus, analysis of this area of the law begins with a definition far too broad for its subject matter, forcing the analyst to find more or less arbitrary ways of cutting back on potential liability. Tort law is plagued by this kind of approach. In the law of nuisance, today's preferred method of cutting back is to employ the notion of reasonableness. No one seems to know quite what 'reasonableness' means in this context, however. This is because, in fact, it does not mean anything. The notion is no more than the immediately recognisable symptom of our inadequate comprehension of the law. This book expounds a new understanding of the law of nuisance, an understanding that presents the law in a coherent and systematic fashion. It advances a single, central suggestion: that the law of nuisance is the method that the common law utilises for prioritising property rights so that conflicts between uses of property can be resolved.

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.

The Impact of the UK Human Rights Act on Private Law
The Impact of the UK Human Rights Act on Private Law

Author: David Hoffman

Publisher: Cambridge University Press

Published: 2011-10-13

Total Pages: 443

ISBN-13: 1139503200

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The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.

Tort Law Directions
Tort Law Directions

Author: Vera Bermingham

Publisher: Oxford University Press, USA

Published: 2012-04-05

Total Pages: 354

ISBN-13: 0199639566

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Tort Law Directions is written in an engaging and lively manner with an emphasis on explaining the key topics covered on tort law courses with clarity. The book includes helpful learning features to guide students through the material in an interesting and interactive way.

Torts
Torts

Author: Alastair Mullis

Publisher: Bloomsbury Publishing

Published: 2011-05-06

Total Pages: 577

ISBN-13: 0230345697

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The previous editions of Torts were highly regarded for their clarity of explanation and engaging writing style, and this new fourth edition fully retains each of these qualities. The text has been extensively revised and updated, and there is a new chapter on privacy. The enhanced layout includes end of chapter summaries and self-test exercises and an extensive bibliography. This is therefore an ideal companion to the subject for both law undergraduates and GDL/CPE students.

Rights and Private Law
Rights and Private Law

Author: Donal Nolan

Publisher: Bloomsbury Publishing

Published: 2011-12-02

Total Pages: 582

ISBN-13: 1847317898

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In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.

Research Handbook on the Economics of Property Law
Research Handbook on the Economics of Property Law

Author: Kenneth Ayotte

Publisher: Edward Elgar Publishing

Published: 2011-01-01

Total Pages: 417

ISBN-13: 184980897X

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Leading scholars in the field of law and economics contribute their original theoretical and empirical research to this major Handbook. Each chapter analyzes the basic architecture and important features of the institutions of property law from an economic point of view, while also providing an introduction to the issues and literature. Property rights and property systems vary along a large number of dimensions, and economics has proven very conducive to analyzing these patterns and even the nature of property itself. The contributions found here lend fresh perspectives to the current body of literature, examining topics including: initial acquisition; the commons, anticommons, and semicommons; intellectual property; public rights; abandonment and destruction; standardization of property; property and firms; marital property; bankruptcy as property; titling systems; land surveying; covenants; nuisance; the political economy of property; and takings. The contributors employ a variety of methods and perspectives, demonstrating the fruitfulness of economic modeling, empirical methods, and institutional analysis for the study of both new and familiar problems in property. Legal scholars, economists, and other social scientists interested in property will find this Handbook an often-referenced addition to their libraries.

The Oxford Handbook of the New Private Law
The Oxford Handbook of the New Private Law

Author: Andrew S. Gold

Publisher: Oxford University Press, USA

Published: 2020-11-06

Total Pages: 640

ISBN-13: 0190919663

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"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--