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Product Details

ISBN-13: 9781509914166
Publisher: Hart Publishing
Publication date: 05/25/2017
Series: Hart Studies in Private Law: Essays on Defences
Pages: 376

About the Author

Andrew Dyson is an Assistant Professor in Private Law at the London School of Economics and Political Science.

James Goudkamp is a Fellow of Keble College andan Associate Professor in the Oxford Law Faculty.

Frederick Wilmot-Smith is a Fellow by Examination at All Souls College, Oxford and Lecturer in Law at Balliol College.

Table of Contents

Foreword Lord Hoffmann v

Preface vii

Contributors xi

Table of Cases xiii

Table of Legislation xxvii

Table of Delegated Legislation xxxi

Table of Conventions xxxiii

Table of Restatements and Model Codes xxxv

A General Issues and Themes 1

1 Central Issues in the Law of Tort Defences Andrew Dyson James Goudkamp Frederick Wilmot-Smith 3

2 Pleading Defences in Tort: The Historical Perspective David Ibbetson 25

3 Defining 'Defences' Luis Duarte D'Almeida 35

4 Tort Law's Missing Excuses John CP Goldberg 53

5 Duties to Try and Duties to Succeed Stephen A Smith 65

6 Balancing Defences Roderick Bagshaw 87

7 Defences and Third Parties: Justifying Participation Paul S Davies 107

B Specific Defences 133

8 Justifying Necessity as a Defence in Tort Law Graham Virgo 135

9 A Defence of Duress in the Law of Torts? James Edelman Esther Dyer 159

10 Nuisance, Planning and Regulation: The Limits of Statutory Authority Donal Nolan 183

11 Weaving the Law's Seamless Web: Reflections on the Illegality Defence in Tort Law Beverley McLachlin 207

12 The Doctrine of Illegality and Interference with Chattels James Goudkamp Lorenz Mayr 223

13 Should Contributory Fault be Analogue or Digital? Robert Stevens 247

14 Assumption of Risk in a System of Strict Liability: Conceptual Tangles and Social Consequences Richard A Epstein 265

15 Privacy Claims: Transformation, Fault, and the Public Interest Defence Barbara McDonald 289

16 Some Recurring Issues in Relation to Limitation of Actions Andrew Burrows 311

Index of Authors 331

Index 333

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