Tort Law in Hong Kong
Tort Law in Hong Kong

Author: Fozia Nazir Lone

Publisher: Kluwer Law International B.V.

Published: 2016-12-23

Total Pages: 302

ISBN-13: 9041185690

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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 Hong Kong. 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 Hong Kong. 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.

Hong Kong Legal Principles
Hong Kong Legal Principles

Author: Stephen D. Mau

Publisher: Hong Kong University Press

Published: 2013-02-01

Total Pages: 612

ISBN-13: 9888139746

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While there are publications on specific legal fields, no recent book includes several core legal subjects presented in a general manner. Resulting from this need for an updated work on the general principles of law in Hong Kong for use by non-law students and nonlegal professionals, the first edition of this book was published in 2006. After three printings, the latest in 2010, a new edition became necessary to reflect accurately the changes in the law since the first publication. Intended as a practical general guide to the more common legal principles as they relate to Hong Kong -- contract, tort, employment, and property -- the second edition should assist the reader in understanding and anticipating legal issues that might arise in commercial or daily personal situations. Therefore the second edition of this book has been updated to reflect recent court decisions and revisions to Hong Kong ordinances and has been reorganized to render the book more user friendly.

Recognizing Wrongs
Recognizing Wrongs

Author: John C. P. Goldberg

Publisher: Harvard University Press

Published: 2020-02-04

Total Pages: 393

ISBN-13: 0674246527

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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.

Contract Law in Hong Kong
Contract Law in Hong Kong

Author: Michael Fisher

Publisher: Hong Kong University Press

Published: 2011-01-01

Total Pages: 509

ISBN-13: 9888083759

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This revised and expanded second edition of Contract Law in Hong Kong is the most comprehensive contemporary textbook on Hong Kong contract law written primarily for law students. The 16 chapters of the book cover all basic contract concepts in a reader-friendly style and make ample use of case illustrations. The book deals with all the core areas of Contract Law. The first two chapters introduce the major themes and explain the multiple sources of law in Hong Kong. The subsequent thirteen chapters cover the formation of a valid contract, its contents, "vitiating" elements, the consequences of illegality, the termination of contracts and remedies for breach of contract. The book concludes with an explanation of the doctrine of privity and proposals for reform of the operation of privity in Hong Kong. Particular attention is given to what makes Hong Kong law different from other common law jurisdictions, and to the continuing significance of English case law in Hong Kong and the theoretical and practical reasons for this. The book is intended primarily as a readable but comprehensive and authoritative text for Hong Kong law students. Practising lawyers and professionals who need to acquire knowledge on the topic, however, will also find this book useful and accessible.

Emerging Issues in Tort Law
Emerging Issues in Tort Law

Author: Jason W Neyers

Publisher: Bloomsbury Publishing

Published: 2007-05-29

Total Pages: 597

ISBN-13: 1847317014

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In this book, articles by leading tort scholars from Australia, Canada, Hong Kong, Israel, New Zealand, the United Kingdom and the United States deal with important theoretical and practical issues that are emerging in the law of torts. The articles analyse recent leading developments in areas such as economic negligence, causation, vicarious liability, non-delegable duty, breach of statutory duty, intentional torts, damages, and tort law in the family. They provide a foretaste of the issues that will face tort law in the near future and offer critical viewpoints that should not go unheeded. With its rich breadth of contributors and topics, Emerging Issues in Tort Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Elizabeth Adjin-Tettey, Kumaralingam Amirthalingam, Peter Benson, Vaughan Black, Peter Cane, Erika Chamberlain, Israel Gilead, Paula Giliker, Rick Glofcheski, Lewis N Klar QC, Michael A Jones, Richard Lewis, John Murphy, Jason W Neyers, Ken Oliphant, David F Partlett, Stephen GA Pitel, Denise Reaume, Robert H Stevens, Andrew Tettenborn, Stephen Todd, Shauna van Praagh, Stephen Waddams, David R Wingfield, Richard W Wright.