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Street on Torts
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.
The Duty of Care in Negligence
This book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. A new structure through which duty problems can be analysed is also proposed. It is hoped that the book provides some fresh insights and clarity of the concept to the reader.
Justifying Strict Liability
The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justif...
Company Law
This book advances a real entity theory of company law. In this theory the company is a legal entity allowing an organization to act autonomously in law, and company law establishes procedures facilitating autonomous organizational decision-making. The theory builds on the insight that organizations or firms are a social phenomenon outside of the law and that they are autonomous actors in their own right. They are more than the sum of the contributions of their participants and they act independently of the views and interests of their participants. The real entity theory advanced in this book explains company law as it stands at a positive level. Companies are liable in tort and crime. The statute creates roles for shareholders, directors, a company secretary, and auditors and so facilitates a process leading to organizational action. The law also integrates the interests of creditors and stakeholders. The book states the law as of 1 August 2021.
Diverse Voices in Tort Law
This captivating book explores uncharted territory in tort law, shedding light on underexplored viewpoints in the field. The collection brings issues of social class, race, gender, marginalisation, vulnerability and harm into conversation with core tort law topics to encourage a more critical examination of the law and its impact on different groups of people. Written by experts in the main areas of tort law from negligence to defamation and personal torts, chapters will: • deepen students’ understanding of the central concepts and practices of tort law; • uncover the power imbalances and privileges that underpin tort law decisions and their impact on lived experiences; • amplify under-represented voices by signposting to the work and ideas of scholars that are less visible in the field. Integrating marginalised perspectives into the curriculum and discourse, this indispensable textbook paves the way for a more inclusive and comprehensive understanding of tort law. Chapter 9 available open access digitally under CC-BY licence.
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Liability for Negligent Misstatements
This new book is the first comprehensive and integrated account of the law on liability for negligent misstatements. Designed as a comprehensive guide for practitioners, it outlines the essential issues that must be considered in determining whether a client will have a cause of action fornegligent misstatement. It will also discuss in detail those issues that are likely to prove most contentious.In England, liability for negligent misstatements provides the most important form of tortious redress for financial losses. The examination of this complex law takes place at a number of levels.First, the book attempts to unravel the 'three-stage test' which provides the conceptual framework within which duties of care are analysed in tort. An account of the function of each stage of the test is offered. Second, the book defines what constitutes 'physical damage' and 'pure economic loss'and examines the major ways in which the latter kind of loss arises. Third, the book outlines the elements of liability in physical damage and pure economic loss cases. The treatment of liability by negligent misstatements is completed with a full discussion of breach, causation, and the defences.
