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Torts on Three Continents: Honouring Jane Stapleton

Torts on Three Continents: Honouring Jane Stapleton

Author: Kylie Burns; Jodie Gardner; Jonathan Morgan; Sandy Steel
Publisher: Oxford University Press
ISBN: 9780198889748
Published In: September 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,625.00

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Professor Jane Stapleton is one of the world's leading experts on causation and has had a profound impact on tort law scholarship, both in terms of the incredible range of topics she has contributed to, and across the multiple countries she has worked in. Torts on Three Continents: Honouring Jane Stapleton brings together a group of scholars from Stapleton's 'home' country Australia, from the United Kingdom, where she spent much of her professional career, and the United States, where she has made such a significant contribution, to celebrate and honour her work.

Torts on Three Continents reveals the impressive and enviable breadth of Jane Stapleton's scholarship while contributing to many of the ongoing and traditional debates in tort. The volume is split into four parts. The first part focuses on general themes that arise in Stapleton's work, including the academic influence on judges, the role of insurance in compensation, the impact of vulnerability on tort law and liability of public authorities. The second part considers aspects of liability in the tort of negligence, including duties of care for psychiatric harm. The third part is dedicated completely to causation, with three chapters from authors in three different countries reflecting on the impact of Stapleton's work in this area. The final section covers a variety of different aspects of tort law and compensation systems, including harms committed in the public interest, damage in economic torts, statutory product liability reforms and alternative compensation scheme design.

Powerful and thought-provoking, this book will provide its readers with an appreciation of the magnitude of Jane Stapleton's contribution across the common law world, and a novel perspective on some of the more modern challenges faced in tort law.

Introduction: Jane Stapleton's Tort Scholarship on Three Continents

Part I. General Themes of Tort Law

1:Professor Jane Stapleton and her Dialogue with the Courts, Hon Susan Kiefel

2:Unifying Principles within Pluralist Tort Adjudication, Mark A. Geistfeld

3:The Torts Scholar as Disaggregator, Anita Bernstein

4:Tort and Insurance as Private Law, Jenny Steele and TT Arvind

5:Fulfilling the Promise of the Golden Thread?: Vulnerability and Australian Negligence Law, Kylie Burns

Part II. Negligence

6:The Real Gist of Negligence, Nicholas J McBride

7:Duty of Care Factors: Principle and Policy Decisions in the United States, Ellen M Bublick

8:What is âReasonable Foreseeabilityâ?, Roderick Bagshaw

9:Time to Cut Ties: Reforming the Secondary Victim âControl Mechanismsâ in Pure Psychiatric Injury, Imogen Goold and Catherine Kelly