Defences in Tort

Tort / Personal Injury

Defences in Tort

Edited by Andrew Dyson · James Goudkamp · Fred Wilmot-Smith
Hart Publishing February 2015

Specifications

ISBN-13
9781849465267
Publisher
Hart Publishing
Publication
February 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This book is the first in a series of essay collections on defences in private law. The series offers a systematic treatment of defences as a connected field.

Contributions from some of the world's pre-eminent jurists and scholars provide insights from several common law jurisdictions. The present collection explores the links between tort law defences on a theoretical level, and examines the nature and scope of individual defences. It will be of value to academics and practitioners alike.

Table of Contents

1. Introduction, Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith

Part I: Theoretical Perspectives
2. Historical account of defences, David Ibbetson
3. John Goldberg
4. Obligations, liabilities and defences, Stephen Smith
5. Balancing defences, Roderick Bagshaw
6. Defences and strict liability, Richard Epstein
7. Comparison of tort and criminal law defences, George Fletcher
8. Justifications and excuses, Graham Virgo

Part II: Specific Defences
9. Waiver, Robert Stevens
10. Intervening causation, Jane Stapleton
11. Statutory authority, Donal Nolan
12. Intoxication, James Goudkamp
13. Contractual exclusions, Frederick Wilmot-Smith
14. Limitation, Andrew Burrows
15. Bona fide purchase, James Edelman
16. Collateral benefits, Charles Mitchell
17. Mitigation and contributory negligence, Andrew Dyson
18. Barbara McDonald
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