Defences in Tort

Author: Andrew Dyson; James Goudkamp; Fred Wilmot-Smith
Publisher: Hart Publishing
ISBN: 9781509914166

Published In: May 2017
Format: Paperback , 376 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849465267

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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.

A. General Issues and Themes
1. Central Issues in the Law of Tort Defences
ANDREW DYSON, JAMES GOUDKAMP AND FREDERICK WILMOT-SMITH
2. Pleading Defences in Tort: The Historical Perspective
DAVID IBBETSON
3. Defining 'Defences'
LUÍS DUARTE D'ALMEIDA
4. Tort Law's Missing Excuses
JOHN CP GOLDBERG
5. Duties to Try and Duties to Succeed
STEPHEN A SMITH
6. Balancing Defences
RODERICK BAGSHAW
7. Defences and Third Parties: Justifying Participation
PAUL S DAVIES
B. Specific Defences
8. Justifying Necessity as a Defence in Tort Law
GRAHAM VIRGO
9. A Defence of Duress in the Law of Torts?
JAMES EDELMAN AND ESTHER DYER
10. Nuisance, Planning and Regulation: The Limits of Statutory Authority
DONAL NOLAN
11. Weaving the Law's Seamless Web: Reflections on the Illegality Defence in Tort Law
BEVERLEY McLACHLIN
12. The Doctrine of Illegality and Interference with Chattels
JAMES GOUDKAMP AND LORENZ MAYR
13. Should Contributory Fault be Analogue or Digital?
ROBERT STEVENS
14. Assumption of Risk in a System of Strict Liability: Conceptual Tangles and Social Consequences
RICHARD A EPSTEIN
15. Privacy Claims: Transformation, Fault, and the Public Interest Defence
BARBARA McDONALD
16. Some Recurring Issues in Relation to Limitation of Actions
ANDREW BURROWS

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 Prize Fellow at All Souls College, Oxford and Lecturer in Law at Balliol College.