File Name: tort law and alternatives cases and materials .zip
Tort law has always been one of the major areas of comparative law. Whereas the law of property, even today, remains on the outskirts of comparative learning, the law of extra-contractual liability has attracted much interest from comparative law scholars. Endeavours in the comparison of the different systems of delict and tort have received a further boost from the objective of harmonizing European private law. This article consider general clauses versus a variety of individual torts, the scope of protection, the liability for fault, strict liability, and tort law and insurance. Regardless of whether one agrees or disagrees with the solutions offered, the principles and the commentaries thereon certainly provide a valuable starting-point for further scholarly efforts and critical discussion.
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Marc A. Franklin, Robert L. Rabin, et al., Tort Law and Alternatives: Cases and Materials (10th Ed. ). Page 2. Page 3. Page 4. Page 5.
The prevalence of instrumentalist particularly economic approaches to tort law owes not only to the success of the law and economics movement but also to lingering questions about how well tort law instantiates such non-economic values as fairness and responsibility. In this article I use recent work in philosophy to help defend the view that tort law embodies distinctive interpersonal norms of responsibility. First, I draw on T. Legal theorists have offered many competing and complementary explanations of the normative principles that do and should underlie the law of torts, or civil wrongs. Since the advent of the law and economics movement, it has been extremely common for tort scholars to explain and justify tort law principally with reference to the goal of economically optimal deterrence—i.
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Published by Emond Montgomery Publications Contact seller. Seller Rating:. Used hardcover Condition: Good. Within U. Shows some signs of wear, and may have some markings on the inside. Emond Montgomery Publications,
While we are building a new and improved webshop, please click below to purchase this content via our partner CCC and their Rightfind service. You will need to register with a RightFind account to finalise the purchase. Objective The Journal of Tort Law aims to be the premier publisher of original articles about tort law. JTL is committed to methodological pluralism.
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