| Description |
xviii, 243 pages ; 25 cm |
| Contents |
1. Dismantling Tort Law. Torts as Recipes. The Anatomy of a Tort. Correlativity and the Forward-Looking Functions of Tort Law. Legislation and Correlativity. A Law of Torts or a Law of Tort? Beyond the Law of Tort. Tort Law as a Set of Ethical Principles. The Relationship Between Tort Law and Morality -- 2. Sanctioned Conduct. Liability-Attracting Conduct. Conduct Giving Rise to a Defence. Acts and Omissions -- 3. Protected Interests. Interests in One's Person. Property Interests. Contractual Interests. Non-Contractual Expectancies. Trade Values. Wealth and the Concept of Financial Loss. The Requirement of Damage. A Hierarchy of Interests. Countervailing Interests -- 4. Sanctions. Sanctions for Liability-Attracting Conduct. Ethical Underpinnings of the Law of Tort Damages. Sanctions for Victim's Conduct -- 5. Reconstructing Tort Law. Interests in One's Person. Property Interests. Contractual Interests. Non-Contractual Expectancies. Trade Values. Infliction of Financial Loss |
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Causality -- 6. The Distinctiveness of Tort Law. The Argument So Far. The Place of Tort Law in the Law of Obligations. The Distinctiveness of Tort Law. The Unity of Tort Law. Mapping the Law of Obligations -- 7. Anatomy, Functions and Effects. The Functions of Tort Law. The Relationship Between the Anatomy of Tort Law and Its Functions and Effects |
| Summary |
This book argues that the exposition of tort law in terms of the traditional torts, such as trespass, negligence, defamation and so on, is a hangover of an outdated formularistic approach which hinders understanding of the nature of the various heads of tort liability and of the relationship between tort liability and other forms of civil liability (such as contract). Tort law is therefore reconcevied and re-organized as a system of rules and principles of personal responsibility for conduct, from which perspective heads of tort liability are analyzed as consisting of various combinations of protected interests, sanctioned conduct and sanctions. These are the building blocks of tort law. This novel approach has a number of important advantages: it illuminates many puzzling features of tort law; it helps us to understand the relationship between tort law and morality on the one hand, and between tort law and its functions and effects on the other; and it facilitates integration of the common law and the statutory law of tort. The analysis also raises fundamental issues about the juristic distinctiveness and unity of tort law, about the nature and uses of legal classifications; and about the rule of concurrent liability. It has important implications for our approach to the law of obligations generally as well as to tort law in particular |
| Bibliography |
Includes bibliographical references and index |
| Subject |
Interest (Ownership rights)
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Liability (Law)
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Torts -- England.
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Torts -- Great Britain.
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Torts.
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| LC no. |
98104302 |
| ISBN |
1901362086 (cloth) |
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1901362094 (paperback) |
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