"Tort law, the law of how the costs of accidents and other harms should be allocated, is part of America's larger story of social conflict and progress. The Burdens of All is the first book to fully recount tort law's place in that story. The book describes the law's struggle to move from nineteenth-century individualism, which required accident victims to shift for themselves and protected corporations, to the view that accidents are an inevitable part of modern industrial society and must be paid for by society as a whole. Also, the book paints vivid pictures of the judges and social reformers who have shaped tort law's course; the current struggle between individualism and socialization; and the historical struggle over the proper balance of power between judges and juries in tort cases. Its wealth of information and insights will intrigue law- and social-history devotees alike"--
... Liu Chong Hing Bank Ltd [1986] AC80 at 193) doubted that 'there was anything to the advantage of the law's development in searching for a liability in tort where the parties are in a contractual relationship'.
This was established in Malone v Laskey (1907) and confirmed by the House of Lords in Hunter v Canary Wharf. Hunter v Canary Wharf [1996] 1 All ER 482 FACTS: A private nuisance action was brought against the developers of the Canary ...
Lord Pearson , Baker v Willoughby , at 496 I think a solution of the theoretical problem can be found in cases such as this by taking a comprehensive and unitary view of the damage caused by the original accident .
Rosenberg, 90 Md. App. 158, 600 A.2d 882 (1990), rev'd, 328 Md. 664, 616 A.2d 866 (1992) (see note 48, infra). See also Peroutka v. ... Sears, 163 Md. App. 220, 878 A.2d 628 (2005). 40 Compare former Md. Rule 342c 2(h) with Md. Rule ...
The book also incorporates comment on the implications of the Human Rights Act 1998 for the law of torts.
(Per Lord Upjohn in London Passenger Transport Board v Upson [1949] AC 155, 168.) Discuss the approach taken by the courts to determine when a tortious remedy will be permitted to redress a breach of a statutory duty when the statute ...
The authors designed this book on current education research.
Confirmed in Garner v Salford County Council [2013] where the claim failed for lack of evidence that the defendant's negligence exposed the claimant to more than minimal levels of asbestos. The opposite conclusion was reached, ...
Hardbound - New, hardbound print book.
Tort Law and Alternatives: Cases and Materials