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  • Hart Publishing, Oxford - Good books for lawyers
    book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice based account of negligence liability It first explores basic causal models and issues of proof including the role of statistical and epidemiological evidence in order to isolate the problem of evidential uncertainty more precisely Application of Richard Wright s NESS test to a range of English case law shows it to be more comprehensive than the but for test that currently dominates thereby reducing the need to resort to additional tests such as the Wardlaw test of material contribution to harm whose scope and meaning are uncertain The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty focusing on the Fairchild principle and the idea of risk as damage as well as the notion of loss of a chance in medical negligence which is often seen as analogous with increase in risk in an attempt to bring coherence to this area of the

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849467049 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    James Goudkamp The law of torts recognises many defences to liability While some of these defences have been explored in detail scant attention has been given to the theoretical foundations of defences generally In particular no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain The goal of this book is to reduce the size of this substantial gap in our understanding of tort law The principal way in which it attempts to do so is by developing a taxonomy of defences The book shows that much can be learned about a given defence from the way in which it is classified This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship James Goudkamp is a Fellow of Keble College Oxford and an Associate Professor in the Oxford Law Faculty He holds or has held visiting positions at Harvard Law School the National University of Singapore the University of Western Australia and the University of Wollongong Hardback July 2013 9781849462914 Ask For Availability 63 00 Paperback March 2016 9781509905027 Ask For Availabliity 30 00 ePub July

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781509905027 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    many kinds of commercial contracts not just contracts of insurance This book examines the nature and effect of contractual indemnities outside the insurance context It is the first work to provide a detailed account of the subject in English law The book presents a coherent theory of the promise of indemnity while also addressing important practical issues such as the construction of contractual indemnities The subject is approached from two perspectives The foundations are laid by examining general principles applicable to indemnities in various forms This covers the nature of indemnity promises general principles of construction the determination of scope and the enforcement of indemnities The approach then moves from the general to the specific by examining separately particular forms of indemnity Included among these are indemnities against liability to third parties and indemnities against default or non performance by third parties The book states English law but it draws upon a considerable amount of material from other common law jurisdictions including Australia Canada New Zealand and Singapore It will appeal to readers from those countries Wayne Courtney is a Senior Lecturer in the Faculty of Law at the University of Sydney Hardback April 2014 9781849462907 75 00 Paperback December

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781509905010 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    David Winterton The quantification of money awards for breach of contract is a topic of both significant theoretical interest and immense practical importance Recent debates have ranged from the availability of gain based awards to the theoretical basis for principles of remoteness and mitigation While these and other important issues such as the recovery of compensation for non pecuniary loss are touched upon the book s principal objective is to challenge the orthodox understanding of the expectation principle as famously laid down by Parke B in Robinson v Harman According to this understanding the usual objective of money awards for breach of contract is to compensate for loss suffered by reference to the position the innocent party would have occupied had the contract been performed After challenging this orthodoxy Dr Winterton proposes a new account of the money awards provided in response to breach of contract which draws an important distinction between substitutionary and compensatory awards The book aims to provide a coherent picture of contractual rights and remedies and will be of interest to judges practitioners and academics alike David Winterton is a Lecturer in Law at the University of New South Wales Hardback June 2015 9781849464574 50 00

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849464574 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    received the attention it deserves The criminal law recognises that any person who aids abets counsels or procures any offence can be punished as an accessory but the private law is more fragmented One reason for this is a tendency to compartmentalise the law of obligations into discrete subjects such as contract trusts tort and intellectual property This book suggests that by looking across such boundaries in the private law

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849462877 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Sarah Green The principal objective of this book is simple to provide a timely and effective means of navigating the current maze of case law on causation in order that the solutions to causal problems might more easily be reached and the law relating to them more easily understood The need for this has been increasingly evident in recent judgments dealing with causal issues in particular it seems to be ever harder to distinguish between the different categories of causation and consequently to identify the legal test to be applied on any given set of facts Causation in Negligence will make such identification easier both by clarifying the parameters of each category and mapping the current key cases accordingly and by providing one basic means of analysis which will make the resolution of even the thorniest of causal issues a straightforward process The causal inquiry in negligence seems to have become a highly complicated and confused area of the law As this book demonstrates this is unnecessary and easily remedied Sarah Green is an Associate Professor of the University of Oxford and a Fellow in Law of St Hilda s College Hardback January 2015 9781849463317 50 00 ePub January 2015

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849463317 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    clearest example of traditional common law reasoning Yet in the past 40 years the common law of England and Wales has been subject to European influences as a result of the introduction of the European Communities Act 1972 and more recently the implementation of the Human Rights Act 1998 in October 2000 EU Directives have led to changes to the law relating to product liability health and safety in the workplace and defamation while Francovich liability introduces a new tort imposing State liability for breach of EU law The 1998 Act has led to developments in privacy law and made the courts reconsider their approach to public authority liability and freedom of expression in defamation law This book explores how English tort law has changed as a result of Europeanisation broadly defined as the influence of European Union and European human rights law It also analyses how this influence has impacted on traditional common law reasoning Has Europeanisation led to changes to the common law legal tradition or has the latter proved more resistant to change than might have been expected Paula Giliker is Professor of Comparative Law at the University of Bristol where she teaches comparative law tort law

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849463195 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Birke Häcker Legal rules and principles do not exist in isolation but form part of a system In this structural comparison between English and German law Birke Häcker explores the rules and principles governing impaired consent transfers of movable property and their reversal in two and three party situations This book is a re publication of a work first published by Mohr Siebeck in Germany Birke Häcker is a Senior

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465656 (2016-02-13)
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