Understanding Tort Claims and Illegality
Comparative Lessons on Legal Reasoning
Understanding Tort Claims and Illegality
Comparative Lessons on Legal Reasoning
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Description
This landmark collection provides new insights, concepts and techniques to understand and respond to tort claims based on illegal conduct.
It is the first comparative study of this difficult field, which has remained contested despite numerous decisions of the highest courts in the common law world. The collection draws on scholars from common law and civilian jurisdictions spanning Argentina, Australia, Brazil, England and Wales, France, Germany, Italy, the Netherlands, Scotland, Singapore, Spain, South Africa and Sweden. Together they set out fact patterns, and justifications for tort liability to illustrate the coherence and unity that exists when courts address such claims. While common law legal systems have developed a specific defence of illegality for some of those fact patterns, civilian jurisdictions tend to see illegality operating, if at all, through the existing components of tort liability. The book explains how these different approaches have been reached, how they work, and what they reveal about reasoning in tort.
Table of Contents
2. Illegality in England, Matthew Dyson and James Goudkamp
3. Illegality and the Law of Tort in Australia: All's Well that Ends Well? Mark Lunney
4. Illegality in the Scots Law of Delict, Bobby Lindsay and Mat Campbell
5. Illegality in Tort in Singapore, Gary Chan Kok Yeu, Nicholas Liu and Justin Tan
6. Illegal Tort Law Claims in France: a Quest for an Unknown Legal Category, Jonas Knetsch and Marie Leveneur-Azémar
7. Understanding Illegal Tort Claims: The German Perspective, Gerhard Wagner & Sven Asmussen
8. Illegality and Swedish Tort Law, Johanna Chamberlain and Mårten Schultz
9. Illegality in Dutch Tort Law, E.R. de Jong & J. Bijlsma
10. Plaintiff wrongdoing in the South African law of delict, Leo Boonzaier
11. Argentine Tort Law's response to Illegal conduct by claimants, Yanina Pantiga and Martín Hevia
12. Illegality in Tort Law in Brazil, José Luiz de Moura Faleiros Jr, Mark Pickersgill Walker, Nelson Rosenvald and
Rafael Peteffi da Silva
13. Illegal Tort Claims in the Italian Legal system Under Civil and Criminal law perspective, Lucilla Gatt, Gaetana Morgante, Maria Cristina Gaeta, Giuseppe Di Vetta
14. Illegal Claims under Spanish Tort Law, Carlos Gómez Ligüerre, María Guadalupe Martínez Alles, Marta Pantaleón Díaz, Diego Sobejano Nieto
15. Comparative Conclusion, Matthew Dyson
Product details
| Published | Apr 15 2027 |
|---|---|
| Format | Hardback |
| Edition | 1st |
| Pages | 480 |
| ISBN | 9781509976461 |
| Imprint | Hart Publishing |
| Dimensions | 9 x 6 inches |
| Publisher | Bloomsbury Publishing |
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