Tort / Personal Injury Law Tort

Omissions in Tort Law

By Sandy Steel
Oxford University Press October 2024

Specifications

ISBN-13
9780198866596
Publisher
Oxford University Press
Publication
October 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Whether or not a person has a positive duty to prevent harm is both a complex and fundamental question in English tort law. There is a distinction drawn between doing harm and failing to prevent it, between acts and omissions. However, there are instances in which a failure to act can have legal consequences.

Omissions in Tort Law analyses the justification for the lack of a general positive duty to prevent harm and argues that it is not best understood in terms of the distinction between acts and omissions, but in terms of making things worse versus not making things better. It considers when the law will and should impose duties to improve another's position. It provides novel conceptual analyses of the basic concepts that inform the imposition of positive duties, such as creation of risk, interfering with aid, assuming responsibility, controlling a source of risk, and the normative considerations that underpin them. In addition, it addresses the ways in which the law differentiates between actively causing harm and failing to protect from harm, and makes recommendations as to how the law could be improved.

Exploring the ways in which conceptions of morality intersect with legal obligations, Omissions in Tort Law offers a detailed and nuanced perspective on omissions and positive duties, including scope, justification, and potential areas for change.

Table of Contents

0:Introduction
1:Identifying the Distinction Between Acts and Pure Omissions
2:Justifying a Distinction
3:Creation of Risk and Interference
4:Assumptions of Responsibility: Part 1 - The Law
5:Assumptions of Responsibility: Part 2 - Normative Issues
6:Control
7:Statute
8:Current Protection
9:Easy Rescue
10:State
11:Beyond Duty Issues: Breach, Causation, Remedies
12:Conclusion
HKD 1,261.00 −3%
HKD 1,300.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Law

View all