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A Theory of Tort Liability.


A Theory of Tort Liability

Allan Beever

Hart Publishing, Oxford


260 pages



Hart Studies in Private Law; Volume 16


Arguing that the current conceptual model is inadequate, the author outlines a theory of the rights upon which tort law is based and the liability from violating those rights. He focuses on the principles of tort liability as protecting freedom rather than responding to loss, and examines the laws of Australia, Canada, England and Wales, New Zealand, and the US, drawing on Immanuel Kant's Rechtslehre as applied to legal issues. He describes how equal maximum freedom, innate right, and innocence are the building blocks of his theory of tort law, which emphasizes the role of influence, constraint, and coercion. He discusses the relationship of the theory to positive law; forms of liability that respond to coercion, including battery, trespass to property, trespass in general, and deceit; the economic torts, injurious falsehood, and malicious prosecution; the law of negligence; and defamation, the law and the mind and mental injury, and patient consent. Distributed in the US by ISBS. ([umlaut] Ringgold, Inc., Portland, OR)

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Article Type:Book review
Date:Oct 1, 2016
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