Defences in tort / edited by Andrew Dyson, James Goudkamp and Fred Wilmot-Smith.

Oxford : Hart Publishing, 2015.

86632

Torts -- Congresses.

Torts -- Congresses -- Great Britain.

Defense (Civil procedure) -- Congresses.

Defense (Civil procedure) -- Congresses -- Great Britain.

Torts.

Defence (Civil procedure)

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Central issues in the law of tort defences

Pleading defences in tort : the historical perspective

Defining defences

Tort law's missing excuses

Duties to try and duties to succeed

Balancing defences

Defences and third parties : justifying participation

Justifying necessity as a defence in tort law

A defence of duress in the law of torts?

Nuisance, planning and regulation : the limits of statutory authority

Weaving the law's seamless web : reflections on the illegality defence in tort law

The doctrine of illegality and interference with chattels

Should contributory fault be analogue or digital?

Assumption of risk in a system of strict liability : conceptual tangles and social consequences

Privacy claims : transformation, fault, and the public interest defence

Some recurring issues in relation to limitation of actions.

This book is a collection of essays on defences for liability in tort. This is an academic work that seeks to fill an area that has received comparatively little attention to other aspects of tort. There are an impressive lineup of authors, which includes Justice James Edelman and Barbara McDonald. McDonald's contribution is entitled "Privacy Claims, Transformation, Fault, and the Public Interest Defence". In terms of general propositions, McDonald claims that the fault element in tort can influence the available defences. For example, the nature of a claim in negligence means that it is morally justifiable to consider the claimant's behaviour in relation to foreseeable risk. Accordingly, the doctrine of contributory negligence accommodates this justification in the context of negligence based torts. However, a stark contrast exists when the appropriateness of contributory negligence as a defence is analyzed in the context of intentional torts. This is a thought provoking collection.

Table of contents is taken from the published work with the permission of the publisher.

Includes bibliographical references and index.

9781849465267

xxx, 340 p. ; 25 cm