| Description |
1 online resource (xxv, 274 pages) |
| Contents |
Half Title Page; Title Page; Title verso; Foreword; Preface; Contents; Table of Cases; Table of Legislation; 1. Victorian Foundations?; INTRODUCTION; TIPPING V. ST HELEN'S SMELTING CO.; RYLANDS V. FLETCHER; THE SIGNIFICANCE OF THE JUDGMENTS; AN UNSETTLING TIME FOR JUDGES: 1840-80; DISRUPTIVE STATUTES: 1840-80; CONCLUSION; 2. Nuisance, the Morality of Neighbourliness, and Environmental Protection; INTRODUCTION; THE CHARACTER OF NUISANCE LAW; THREE RECENT CASES; CONCLUSION; 3. Noxious Emissions and Common Law Liability: Tort in the Shadow of Regulation; INTRODUCTION; LEGISLATIVE LIMITS |
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ENVIRONMENTAL JUDICIAL REVIEWSTRICT LIABILITY IN NUISANCE AND RYLANDS V. FLETCHER; DISTINCTIVE FEATURES OF A TORT ACTION; CONCLUSION; POST-SCRIPT; 4. From the Individual to the Environmental: Tort Law in Turbulence; INTRODUCTION; TORT LAW AND CORRECTIVE JUSTICE; TOXIC TORTS; SCIENCE, LAW AND RISK; REGULATION, RISK AND THE COURTROOM; THE CHALLENGE; INTRODUCTION; 5. Tort and Environmental Pluralism; INTRODUCTION; THE ROLE OF ENVIRONMENTAL TORTS; THE ROLE OF ENVIRONMENTAL TORTS; PROTECTION OF INDIVIDUAL HEALTH AND WEALTH; PROTECTION OF INDIVIDUAL HEALTH AND WEALTH |
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TESTING ORTHODOXY: DIFFERENCES OF VIEW ABOUT SCIENCE AND RISKTESTING ORTHODOXY: DIFFERENCES OF VIEW ABOUT SCIENCE AND RISK; REGULATING THE REGULATOR; REGULATING THE REGULATOR; CONCLUSION; CONCLUSION; 6. Statutory Liability for Contaminated Land: Failure of the Common Law?; INTRODUCTION; DEFICIENCIES OF THE COMMON LAW; ENVIRONMENTAL PROTECTION ACT 1990, PART IIA; THE FUTURE OF THE COMMON LAW; 7. Nuisance and Environmental Protection; INTRODUCTION; THE LAW OF TORTS AND THE ENVIRONMENT; CAUSATION; FORESEEABILITY AND FAULT; CONCLUSION |
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8. Marking the Boundary: The Relationship between Private Nuisance, Negligence and FaultINTRODUCTION; HAS PRIVATE NUISANCE BEEN OVERWHELMED BY THE TORT OF NEGLIGENCE?; THE IMPACT OF HUNTER V. CANARY WHARF LTD; A DIFFERENT APPROACH?; CONCLUSION; 9. Stigma Damages, Amenity and the Margins of Economic Loss: Quantifying Perceptions and Fears; INTRODUCTION; DELINEATING THE TERRAIN OF "STIGMA" IN THE TOXIC TORTS CONTEXT; STIGMA CLAIMS BEFORE THE ENGLISH COURTS; ESTABLISHING PHYSICAL DAMAGE WITHIN THE LEGISLATIVE SCHEME: TOWARDS A BROADER FACTUAL VIEW? |
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DEFINING PERMISSIBLE LOSSES UNDER THE LEGISLATIVE SCHEME: A NARROW FOCUSAMENITY: AN ENIGMA IN ENGLISH LAW?; AMENITY PERCEIVED IN NARROW AND "TANGIBLE" TERMS; A BROADER US APPROACH: TOWARDS ACCOMMODATING STIGMA WITHIN THE NOTION OF AMENITY; NUISANCE AND PURE ECONOMIC LOSS: AN OPEN DOOR?; THE DESIRABILITY OF ALLOWING RECOVERY FOR STIGMA DAMAGES; CONCLUSION; 10. Towards a European Tort Law on the Environment? European Union Initiatives and Developments on Civil Liability in Respect of Envrionmental Harm; INTRODUCTION |
| Summary |
Within the broad framework of the common law of tort, the torts of nuisance and the rule in Rylands v. Fletcher are central to the protection of the rights of landowners to use and enjoy their land without unreasonable interference and to be free from material damage to their interests. Negligence actions can also serve to promote the protection of personal and property interests. Yet toxic torts are often seen as being beset by theoretical and practical drawbacks. Overall there are serious concerns about the continued value of common law principles as an effective and coherent system that is geared to protecting the environment. Environmental law is increasingly developing its own statutory regimes to address a range of environmental problems. This accentuates the sense in which the aims and reach of these two different branches of the law appear to be diverging. Questions inevitably arise about the inter-relationship between private law sphere of tort and public regulatory schemes. The contributors to this volume of essays include many of the UK's leading academics in the relevant fields of private and public law. While the essays are broadly based, the focus of the book is on the challenges posed by accommodating tort with environmental law |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Print version record |
| Subject |
Environmental law -- Great Britain
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Liability for environmental damages.
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Common law.
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Environmental law.
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LAW -- Administrative Law & Regulatory Practice.
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Common law
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Environmental law
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Liability for environmental damages
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Common law.
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Milieubescherming.
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Milieurecht.
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Great Britain
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| Form |
Electronic book
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| Author |
Lowry, John P
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Edmunds, Rod.
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| ISBN |
9781847310859 |
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1847310850 |
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1280808268 |
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9781280808265 |
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9781472562104 |
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1472562100 |
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