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Theory of tort liability / Allan Beever.

By: Beever, Allan.
Material type: TextTextSeries: Hart studies in private law ; volume 16.Publisher: Canada Hart Publishing 2016Description: 260 p. ; 24 cm.ISBN: 9781509903184 .Subject(s): Torts | Liability (Law)Additional physical formats: Online version:: Theory of tort liabilityDDC classification: 346.0301 Summary: Summary This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Immanuel Kant's Metaphysics of Morals, the book shows that Kant's theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law. The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues that there are three general kinds of liability found in the law of tort: liability for putting another or another's property to one's purposes directly, liability for doing something to a third party that puts another or another's property to one's purposes, and liability for pursuing purposes in a way that improperly interferes with the ability of another to pursue her legitimate purposes. It terms these forms liability for direct control, liability for indirect control and liability for injury respectively. The result is a coherent, philosophical understanding of the structure of tort liability as an entire system. In developing its position, the book considers the laws of Australia, Canada, England and Wales, New Zealand and the United States. Contents Moral foundations The general theory of liability The form of liability in tort law Battery and trespass to property Trespass in general Defences to trespass Deceit The economic torts in the commonwealth : the conventional view Reconceptualising the economic torts Interference with contract in the US Injurious falsehood and malicious prosecution The law of negligence The law of defamation The mind Patient consent and the right to self-determination Conclusion.
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Reference
Reference 346.0301 BEE.T (Browse shelf) Available SLSN-B-11560

Includes bibliographical references and index.

Summary
This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Immanuel Kant's Metaphysics of Morals, the book shows that Kant's theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law. The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues that there are three general kinds of liability found in the law of tort: liability for putting another or another's property to one's purposes directly, liability for doing something to a third party that puts another or another's property to one's purposes, and liability for pursuing purposes in a way that improperly interferes with the ability of another to pursue her legitimate purposes. It terms these forms liability for direct control, liability for indirect control and liability for injury respectively. The result is a coherent, philosophical understanding of the structure of tort liability as an entire system. In developing its position, the book considers the laws of Australia, Canada, England and Wales, New Zealand and the United States.
Contents
Moral foundations
The general theory of liability
The form of liability in tort law
Battery and trespass to property
Trespass in general
Defences to trespass
Deceit
The economic torts in the commonwealth : the conventional view
Reconceptualising the economic torts
Interference with contract in the US
Injurious falsehood and malicious prosecution
The law of negligence
The law of defamation
The mind
Patient consent and the right to self-determination
Conclusion.

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