Monday, August 5, 2013
The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified.
Hart Publishing is offering a 20% discount for our readers. From the publisher:
RSP: £60 / €78 / US$120 20% DISCOUNT PRICE: £48 / €62.40 / US$96
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If you would like to place an order, you can do so through the Hart Publishing website (link below). To receive the discount please mention ref: ‘TORTSPROFBLOG’ in the special instructions field. Please note that the discount will not be shown on your order but will be applied when your order is processed.
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UK, EU and ROW website: http://www.hartpub.co.uk/BookDetails.aspx?ISBN=9781849462914
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Thursday, August 1, 2013
Keith Hylton (Boston University) has posted to SSRN Causation in Tort Law: A Reconsideration. The abstract provides:Causation is a source of confusion in tort theory, as well as a flash point between consequentialist and deontological legal theorists. Consequentialists argue that causation is generally determined by the policy grounds for negligence, not by a technical analysis of the facts. Conversely, deontologists reject the view that policy motives determine causation findings. Causation has also generated different approaches within the consequentialist school. In this chapter I try to bring some order to the arguments on causation by isolating key elements of the cases and introducing a "causation tree" that highlights the role of information. A better model of causation may help to resolve the arguments between different schools of tort theory, and to reconcile conflicting models within the consequentialist school.