Emerging Issues in Tort Law

by Jason W Neyers (Editor), Erika Chamberlain (Editor), Stephen G.A. Pitel (Editor)

Overview

In this book, articles by leading tort scholars from Australia, Canada, Hong Kong, Israel, New Zealand, the United Kingdom and the United States deal with important theoretical and practical issues that are emerging in the law of torts. The articles analyse recent leading developments in areas such as economic negligence, causation, vicarious liability, non-delegable duty, breach of statutory duty, intentional torts, damages, and tort law in the family. They provide a foretaste of the issues that will face tort law in the near future and offer critical viewpoints that should not go unheeded. With its rich breadth of contributors and topics, Emerging Issues in Tort Law will be highly useful to lawyers, judges and academics across the common law world.



Contributors: Elizabeth Adjin-Tettey, Kumaralingam Amirthalingam, Peter Benson, Vaughan Black, Peter Cane, Erika Chamberlain, Israel Gilead, Paula Giliker, Rick Glofcheski, Lewis N Klar QC, Michael A Jones, Richard Lewis, John Murphy, Jason W Neyers, Ken Oliphant, David F Partlett, Stephen GA Pitel, Denise Reaume, Robert H Stevens, Andrew Tettenborn, Stephen Todd, Shauna van Praagh, Stephen Waddams, David R Wingfield, Richard W Wright.

Product Details

ISBN-13:	9781847317018
Publisher:	Bloomsbury Publishing
Publication date:	05/29/2007
Sold by:	Barnes & Noble
Format:	eBook
Pages:	610
File size:	870 KB

About the Author

Jason W. Neyers is an Associate Professor of Law at the University of Western Ontario.

Erika Chamberlain is Assistant Professor of Law at the University of Western Ontario.

Stephen G.A. Pitel is an Associate Professor at the Faculty of Law at the University of Western Ontario. He has been an author or editor of six books in the past four years, including Litigating Conspiracy: An Analysis of Competition Class Actions. His teaching and research is focused on international commercial litigation, torts, civil procedure, and unjust enrichment.
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.
Stephen GA Pitel, BA, LLB, LLM, PhD, is a Professor of Law and Goodmans LLP Faculty Fellow in Legal Ethics at Western University.

Table of Contents

Introduction
JASON W NEYERS, ERIKA CHAMBERLAIN AND STEPHEN G A PITEL

1. General and Special Tort Law: Uses (and Abuses) of Theory
PETER CANE

2. Breach of Statute and Tort Law
LEWIS N KLAR

3. 'Sois Sage'- Responsibility for Childishness in the Law of Civil Wrongs
SHAUNA VAN PRAAGH

4. Claims of Involuntary Parenthood: Why the Resistance?
ELIZABETH ADJIN-TETTEY

5. Liability for Psychiatric Damage: Searching for a Path between Pragmatism and Principle
MICHAEL A JONES

6. Should White v Jones Represent Canadian Law: A Return to First Principles
PETER BENSON

7. Breaches of Contracts and Claims by Third Parties
STEPHEN WADDAMS

8. Policy Issues in Defective Property Cases
STEPHEN TODD

9. Defective Structures and Economic Loss in the United States: Law and Policy
DAVID F PARTLETT

10. Harm Screening Under Negligence Law
ISRAEL GILEAD

11 Acts and Omissions as Positive and Negative Causes
RICHARD W WRIGHT

12 Decision Causation: Pandora's Tool-Box
VAUGHAN BLACK

13 Non-Delegable Duties and Vicarious Liability
ROBERT STEVENS

14 Juridical Foundations of Common Law Non-Delegable Duties
JOHN MURPHY

15 Perish Vicarious Liability?
DAVID R WINGFIELD

16 Comparative Perspectives on Vicarious Liability: Defining the Scope of Employment
PAULA GILIKER

17 What is a Loss?
ANDREW TETTENBORN

18 The Changing Face of the Gist of Negligence
KUMARALINGAM AMIRTHALINGAM

19 Tort Law in Practice: Appearance and Reality in Reforming Periodical Payments of Damages
RICHARD LEWIS

20 The Structure of the Intentional Torts
KEN OLIPHANT

21 The Role of Intention in the Tort in Wilkinson v Downton
DENISE RÉAUME

22 Where Principle Meets Pragmatism: Tort Law in Post-Colonial Hong Kong
RICK GLOFCHESKI

Editorial Reviews

The sheer breadth of knowledge and experience exhibited by the writers makes the book an exceptionally good read for practitioners, judges and academics alike-indeed anyone with an interest in tort law…a pot pourri of well-written and thoughtfully argued pieces by many of the foremost authorities in the field…highly recommended.” —Margaret Fordham, Singapore Jourbanal of Legal Studies

“…an essential companion for the modern tort lawyer. What is more, it makes for fascinating reading: not only does it draw upon the combined experience and wisdom of over 20 lawyers and scholars, but its editors have ensured that its substantive coverage is broad and yet coherently presented.” —Sarah Green, The Cambridge Law Jourbanal

“One does not usually see in one book articles written by common law's leading scholars on the broad spectrum of issues affecting modern Tort law...I would be interested to read the articles again in a few years time and expect to be marveled by the accuracy of some predictions. This volume is much more than a collection of conference proceedings and would likely become one of the definitive reference texts on the subject for many years to come.” —Alexandra Lo, Dak Wai, The Hong Kong Law Jourbanal, Vol 38, Part 3

“The list of contributors to this excellent collection reads like a roll-call of leading tort scholars in the common law world...The editors are to be congratulated on putting together such a stimulating and diverse volume of essays.” —Ken Oliphant, Yearbook of European Tort Law

From the Publisher