Tort Law: Challenging Orthodoxy
In this book, leading scholars from the US, the UK, and Australia challenge established common law rules and suggest new approaches to both old and emerging problems in tort law. Some of the contributions consider broad issues, such as the importance of flexibility over certainty in tort law, connections between tort law and human flourishing, and the indirect effects of changes in tort law. Other articles engage more specific topics, including the role of vindication in tort law, the relationship between criminal law and tort law, the use of epidemiological evidence in analyzing causation, accessory liability in tort law, the role of malice in intentional torts, and the role of statutes in tort law. They propose new approaches to contributory negligence, emotional distress, loss of a chance, damages for nuisance, the tort of conspiracy, and vicarious liability. The articles in this book were originally presented at the "Sixth Biennial Conference on the Law of Obligations" at Western University in London, Ontario in July 2012. They will be highly useful to lawyers, judges, and scholars across the common law world.
Publication Date: 9/30/2013