Tort Law: Challenging Orthodoxy

In this book leading scholars from the United Kingdom, the United States and Australia challenge established common law rules and suggest new approaches to both old and emerging problems in tort law. Some of the chapters consider broad issues such as the importance of flexibility over certainty in tort law, connections between tort law and human flourishing and the indirect effects of changes in tort law. Other chapters engage more specific topics including the role of vindication in tort law, the relationship between criminal law and tort law, the use of epidemiological evidence in analysing causation, accessory liability in tort law, the role of malice in intentional torts and the role of statutes in tort law. They propose new approaches to contributory negligence, emotional distress, loss of a chance, damages for nuisance, the tort of conspiracy and vicarious liability.

The chapters in this book were originally presented at the Sixth Biennial Conference on the Law of Obligations at Western University in London, Ontario in July 2012. They will be highly useful to lawyers, judges and scholars across the common law
world.

Auteur

Stephen GA Pitel, BA, LLB, LLM, PhD, is a Professor of Law and Goodmans LLP Faculty Fellow in Legal Ethics at Western University.
Jason W Neyers, BA, LLB, MST, is a Professor of Law at Western University.
Erika Chamberlain, LLB, PhD is an Associate Professor of Law and Associate Dean (Academic) at Western University.

Contenu

1. Against Certainty in Tort Law
   Ken Oliphant
   
   2. Tort Law and Human Flourishing
      Nicholas J McBride
   3. Private and Public: The Mixed Concept of Vindication in Torts and Private Law
      Kit Barker
   4. 'We Do This in the Criminal Law and That in the Law of Tort': A New Fusion Debate
      Graham Virgo
   5. Challenging the Orthodoxy of Crime's Precedence over Tort: Suspending a Tort Claim Where a Crime May Exist
      Matthew Dyson
   6. Legislative Challenges to Orthodoxy
      James Lee
   7. Statutes and Civil Liability in the Commonwealth and the United States: A Comparative Critique
      Neil Foster
   8. The 'Doubles the Risk' Test for Causation and Other Related Judicial Misconceptions about Epidemiology
      Claire McIvor
   9. Rationalising Loss of a Chance in Tort
      Sandy Steel
   10. When is Emotional Distress Harm?
       Gregory C Keating
   11. Rethinking Contributory Negligence
       James Goudkamp
   12. Nuisance Law and Damages in Lieu of an Injunction: Challenging the Orthodoxy of the Shelfer Criteria
       Mark L Wilde
   13. The Tort of Conspiracy as a Can of Worms
       Hazel Carty
   14. Aid, Abet, Counsel or Procure?
       Paul S Davies
   15. 'That Unhappy Expression': Malice at the Margins
       Elspeth Reid
   16. Dissociating the Two Forms of So-Called 'Vicarious Liability'
       Christine Beuermann