Professor Jane Stapleton is one of the world's leading experts on causation and has had a profound impact on tort law scholarship, both in terms of the incredible range of topics she has contributed to, and across the multiple countries she has worked in. Torts on Three Continents: Honouring Jane Stapleton brings together a group of scholars from Stapleton's 'home' country Australia, from the United Kingdom, where she spent much of her professional career, and the United States, where she has made such a significant contribution, to celebrate and honour her work.
Torts on Three Continents reveals the impressive and enviable breadth of Jane Stapleton's scholarship while contributing to many of the ongoing and traditional debates in tort. The volume is split into four parts. The first part focuses on general themes that arise in Stapleton's work, including the academic influence on judges, the role of insurance in compensation, the impact of vulnerability on tort law and liability of public authorities. The second part considers aspects of liability in the tort of negligence, including duties of care for psychiatric harm. The third part is dedicated completely to causation, with three chapters from authors in three different countries reflecting on the impact of Stapleton's work in this area. The final section covers a variety of different aspects of tort law and compensation systems, including harms committed in the public interest, damage in economic torts, statutory product liability reforms and alternative compensation scheme design.
Powerful and thought-provoking, this book will provide its readers with an appreciation of the magnitude of Jane Stapleton's contribution across the common law world, and a novel perspective on some of the more modern challenges faced in tort law.
Rezensionen / Stimmen
This fascinating book achieves its goal of honouring Stapleton. In the foreword, Lord Reed, president of the UK Supreme Court, pays a personal tribute: 'The judiciary and common law owe Professor Stapleton a considerable debt. Her kind of scholarship is greatly valued by the judiciary and, as she has put it, can offer "scholars the thrilling prospect of collaborating on the real-world project of identifying and articulating the living common law".' * Kevin McVeigh, Law Society Gazette *
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Produkt-Hinweis
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Gewebe-Einband
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Höhe: 239 mm
Breite: 163 mm
Dicke: 30 mm
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ISBN-13
978-0-19-888974-8 (9780198889748)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Kylie Burns is a Professor in the Griffith Law School. Professor Burns has research expertise in tort law, personal injury law, accident compensation systems, the National Disability Insurance Scheme, judicial reasoning and cognition, and judicial psychological stress. She is a co-author of the leading Australian torts textbook Torts: Cases, Legislation and Commentary. She is currently a co-investigator on two Australian Research Council Discovery Projects.
Jodi Gardner is the Brian Coote Chair in Private Law at the University of Auckland. Her research focuses on the relationship between the private law and social policy. Professor Gardner's research has covered topics including inequality in contract law, vulnerability in tort law, high-cost credit agreements, the impact of austerity measures, debt collection contracts, the effect of technological developments on equality and financial exclusion, and concurrent liability in tort and contract.
Jonathan Morgan is Professor of English Law at the University of Cambridge, Fellow and Director of Studies in Law, Corpus Christi College, Cambridge. His research and teaching interests cover Contract, Tort, Human Rights and Constitutional Law-including their historical, theoretical, and economic dimensions. His books include Great Debates in Tort Law (2022) and Contract Law Minimalism (2012).
Sandy Steel is Professor of Law and Philosophy of Law at the University of Oxford, and Lee Shau Kee's Sir Man Kam Lo Fellow in Law, Wadham College, Oxford. His research interests are in private law, particularly torts and remedies, and philosophical issues raised by the legal doctrine. His books include Proof of Causation in Tort Law (CUP, 2015), Omissions in Tort Law (OUP, forthcoming, 2024), and Great Debates in Jurisprudence (with Nick McBride, Palgrave 2018, 2nd edn).
Herausgeber*in
ProfessorProfessor, Griffith Law School
Brian Coote Chair in Private LawBrian Coote Chair in Private Law, University of Auckland
Professor of English LawProfessor of English Law, University of Cambridge
Professor of LawProfessor of Law, University of Oxford
Introduction: Jane Stapleton's Tort Scholarship on Three Continents
Part I General Themes of Tort Law
1: Hon Susan Kiefel: Professor Jane Stapleton and her Dialogue with the Courts
2: Mark A. Geistfeld: Unifying Principles within Pluralist Tort Adjudication
3: Anita Bernstein: The Torts Scholar as Disaggregator
4: Jenny Steele and TT Arvind: Tort and Insurance as Private Law
5: Kylie Burns: Fulfilling the Promise of the Golden Thread?: Vulnerability and Australian Negligence Law
Part II Negligence
6: Nicholas J McBride: The Real Gist of Negligence
7: Ellen M Bublick: Duty of Care Factors: Principle and Policy Decisions in the United States
8: Roderick Bagshaw: What is aReasonable Foreseeabilitya?
9: Imogen Goold and Catherine Kelly: Time to Cut Ties: Reforming the Secondary Victim aControl Mechanismsa in Pure Psychiatric Injury
10: Philip Sales: An aOpaque Conclusionary Labela?: Assumption of Responsibility and Pure Economic Loss
Part III Causation
11: Richard W Wright: Dialogues on Causation with Stapleton
12: Gemma Turton: Causation at a Tipping Point: Material Contribution and the aWorse Offa Question
13: Sandy Steel: Making a Difference: Liability and Necessity
Part IV Other Torts and Liabilities
14: Jonathan Morgan: Compensation as aConditional Licencea for Harmful Activities: An Exploration
15: John Murphy: Damage as an Essential Element in the Economic Torts
16: Jodi Gardner and Sarah Green: Continuing the Product Liability Illusion
17: Genevieve Grant and Harold Luntz: The Accident Preference, aUnrigorous Thinkinga and Injury Compensation Schemes
