Автор: Sarah Green, Alan Bogg Название: Illegality after Patel v Mirza ISBN: 1509912770 ISBN-13(EAN): 9781509912773 Издательство: Bloomsbury Academic Рейтинг: Цена: 19008.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
In Patel v Mirza 2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as 'revolutionary' by Lord Sumption (at 261]), who outlined in contrast a more rule-based means of dealing with the issue; a method with which Lord Mance and Lord Clarke broadly agreed.
The decision is detailed and complex, and its implications for several areas of the law are considerable. Significantly, the reliance principle from Tinsley v Milligan 1994] 1 AC 340 has been discarded, as has the rule in Parkinson v College of Ambulance Ltd 1925] KB 1. Patel v Mirza, therefore, can fairly be described as one of the most important judgments in general private law for a generation, and it can be expected to have ramifications for the application of the illegality doctrine across a wide range of disciplinary areas. Unless there is legislative intervention, which does not seem likely at the present time, Patel v Mirza is set to be of enduring significance.
This collection will provide a crucial set of theoretical and practical perspectives on the illegality defence in English private law. All of the authors are well established in their respective fields. The timing of the book means that it will be unusually well placed as the 'go to' work on this subject, for legal practitioners and for scholars.
Автор: Turton Gemma Название: Evidential Uncertainty in Causation in Negligence ISBN: 1509924485 ISBN-13(EAN): 9781509924486 Издательство: Bloomsbury Academic Рейтинг: Цена: 5384.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English case law shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, the scope and meaning of which are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law.
Автор: Gemma Turton Название: Evidential Uncertainty in Causation in Negligence ISBN: 1849467048 ISBN-13(EAN): 9781849467049 Издательство: Bloomsbury Academic Рейтинг: Цена: 13464.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English caselaw shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, whose scope and meaning are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law. (Series: Hart Studies in Private Law) Subject: Contract Law, Tort Law, Commercial Law, Restitution Law, Legal Philosophy]
Автор: Sharon Erbacher Название: Negligence and Illegality ISBN: 1509906665 ISBN-13(EAN): 9781509906666 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines claims in negligence for compensation for harm arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterized by confusing and contradictory case law. Sharon Erbacher analyzes the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. It is argued that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. This book develops the work of Ernest Weinrib and Allan Beever to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application. Dissertation. (Series: Hart Studies in Private Law, Vol. 20) Subject: Contract Law, Commercial Law, Comparative Law, Tort Law]
Автор: Plunkett James Название: Duty of Care in Negligence ISBN: 1509914846 ISBN-13(EAN): 9781509914845 Издательство: Bloomsbury Academic Рейтинг: Цена: 12672.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book aims to provide a detailed analysis and overview of the duty of care inquiry, drawing on both academic analyses and judicial experience in leading common law systems. It is the first book-length treatment of the subject in more than 25 years. Given the vast number of issues currently dealt with in the duty of care inquiry, the book forwards several original arguments that provide fresh and original insight into this core concept in tort law, both in academia and in practice. The main overall achievement is to provide clarity of the concept to the reader. This book will be of interest to tort lawyers and private lawyers, both in academia and practice. Revised Dissertation. (Series: Hart Studies in Private Law, Vol. 26) Subject: Private Law, Contract Law, Tort Law]
Автор: Jonathan R.H.H. Pockson Название: Accountants` Professional Negligence ISBN: 0333278453 ISBN-13(EAN): 9780333278451 Издательство: Springer Рейтинг: Цена: 7685.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Medical Negligence in Victorian Britain is the first detailed exploration of the hundreds of charges of neglect against doctors who were contracted to the 'new' poor law after the Poor Law Amendment Act of 1834. The author moves beyond the hyperbole of Victorian public 'scandal' to use medical negligence as a prism through which to view hidden aspects of poor law doctors and their patients. This provides a uniquely grounded perspective, from the day-to-day experience of medical practice - for both doctor and patient - to the context of the medico-political, socio-legal and cultural processes that underpinned the social construction of negligence at this time.
The result is a clearly enunciated description of what negligence meant to the Victorians and how they sought to define and deal with negligent care, moving the topic from the sidelines of English welfare history to the centre-stage role it played in Victorian society. Thematically and chronologically arranged in two parts, the book uses extensive new archival material with a particular focus on the official inquiries into neglect conducted by poor law inspectors. It offers a fresh perspective on the poor laws that has repercussions for wider histories of welfare, medicine and legal medicine.
Автор: Frost Martyn Название: Risk and Negligence in Wills, Estates, and Trusts ISBN: 019967292X ISBN-13(EAN): 9780199672929 Издательство: Oxford Academ Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This fully-updated edition of Risk and Negligence in Wills, Estates, and Trusts provides invaluable guidance to all involved with wills, estates, and trusts as well as advisers and professional negligence insurers and litigators. It offers practical advice on best practice in will preparation and extensive coverage of developments in the field.
Medical Negligence in Victorian Britain is the first detailed exploration of the hundreds of charges of neglect against doctors who were contracted to the 'new' poor law after the Poor Law Amendment Act of 1834. The author moves beyond the hyperbole of Victorian public 'scandal' to use medical negligence as a prism through which to view hidden aspects of poor law doctors and their patients. This provides a uniquely grounded perspective, from the day-to-day experience of medical practice - for both doctor and patient - to the context of the medico-political, socio-legal and cultural processes that underpinned the social construction of negligence at this time.
The result is a clearly enunciated description of what negligence meant to the Victorians and how they sought to define and deal with negligent care, moving the topic from the sidelines of English welfare history to the centre-stage role it played in Victorian society. Thematically and chronologically arranged in two parts, the book uses extensive new archival material with a particular focus on the official inquiries into neglect conducted by poor law inspectors. It offers a fresh perspective on the poor laws that has repercussions for wider histories of welfare, medicine and legal medicine.
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