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A Theory of Tort Liability

By: Allan Beever
Media of A Theory of Tort Liability
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Published: 27-12-2018
Format: Paperback
Edition: 1st
Extent: 272
ISBN: 9781509926428
Imprint: Hart Publishing
Series: Hart Studies in Private Law
Dimensions: 234 x 156 mm
RRP: £27.99
Online price : £19.59
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About A Theory of Tort Liability

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.

Table Of Contents

Part I: Foundations
1. Moral Foundations
2. The General Theory of Liability
3. The Form of Liability in Tort Law
Part II: Direct Control
4. Battery and Trespass to Property
5. Trespass in General
6. Defences to Trespass
7. Deceit
Part III: Indirect Control
8. The Economic Torts in the Commonwealth: The Conventional View
9. Reconceptualising the Economic Torts
10. Interference with Contract in the US
11. Injurious Falsehood and Malicious Prosecution
Part IV: Injury
12. The Law of Negligence
Part V: Miscellaneous Issues Involving Control, Injury and Loss
13. The Law of Defamation
14. The Mind
15. Patient Consent and the Right to Self-determination
16. Conclusion


“This book is indispensable. We will never get a better presentation of the Kantian view of tort law than is provided to us in this book.” –  Nicholas J. McBride, Pembroke College, Cambridge Law Journal

“There is no doubt that [A Theory of Tort Liability] represents considerable learning regarding tort law. It is a well-written and substantial contribution to thinking about the subject and it deserves to be read by anyone who is interested in tort law's theoretical architecture. It marshals an impressive range of materials.” –  James Goudkamp, University of Oxford, Journal of Professional Negligence

“As A Theory of Tort Liability demonstrates, there is much to be gained from considering the ways in which tort law does (and does not) jibe with the idea of protecting each of us from having others interfere with our projects.” –  John Goldberg, Harvard Law School, Modern Law Review

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