Defences in Tort

by Andrew Dyson, James Goudkamp, Frederick Wilmot-Smith

Overview

This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law, and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.

Product Details

ISBN-13:	9781509914166
Publisher:	Bloomsbury Academic
Publication date:	05/25/2017
Series:	Hart Studies in Private Law: Essays on Defences , #1
Pages:	376
Product dimensions:	6.14(w) x 9.21(h) x 0.78(d)

About the Author

Andrew Dyson is an Assistant Professor in Private Law at the London School of Economics and Political Science.
James Goudkamp is a Fellow of Keble College, Oxford and an Associate Professor in the Oxford Law Faculty.
Frederick Wilmot-Smith is a Fellow by Examination at All Souls College, Oxford and Lecturer in Law at Balliol College.

Table of Contents

Foreword Lord Hoffmann v

Preface vii

Contributors xi

Table of Cases xiii

Table of Legislation xxvii

Table of Delegated Legislation xxxi

Table of Conventions xxxiii

Table of Restatements and Model Codes xxxv

A General Issues and Themes 1

1 Central Issues in the Law of Tort Defences Andrew Dyson James Goudkamp Frederick Wilmot-Smith 3

2 Pleading Defences in Tort: The Historical Perspective David Ibbetson 25

3 Defining 'Defences' Luis Duarte D'Almeida 35

4 Tort Law's Missing Excuses John CP Goldberg 53

5 Duties to Try and Duties to Succeed Stephen A Smith 65

6 Balancing Defences Roderick Bagshaw 87

7 Defences and Third Parties: Justifying Participation Paul S Davies 107

B Specific Defences 133

8 Justifying Necessity as a Defence in Tort Law Graham Virgo 135

9 A Defence of Duress in the Law of Torts? James Edelman Esther Dyer 159

10 Nuisance, Planning and Regulation: The Limits of Statutory Authority Donal Nolan 183

11 Weaving the Law's Seamless Web: Reflections on the Illegality Defence in Tort Law Beverley McLachlin 207

12 The Doctrine of Illegality and Interference with Chattels James Goudkamp Lorenz Mayr 223

13 Should Contributory Fault be Analogue or Digital? Robert Stevens 247

14 Assumption of Risk in a System of Strict Liability: Conceptual Tangles and Social Consequences Richard A Epstein 265

15 Privacy Claims: Transformation, Fault, and the Public Interest Defence Barbara McDonald 289

16 Some Recurring Issues in Relation to Limitation of Actions Andrew Burrows 311

Index of Authors 331

Index 333

Editorial Reviews

All of the ... contributions are thought-provoking and provide a much-needed theoretical perspective

the book is essential reading for all private law scholars.

[Defences in Tort] is the first in a series of works concerned with defences to liability arising in private law and if the future editions come anywhere close to the calibre of essays contained here one very much looks forward to reading the rest.
Professional Negligence

The general quality of the contributions is very good indeed and the collection as a whole can be enthusiastically recommended.
Yearbook of European Tort Law

From the Publisher