Tort Law Defences

By James Goudkamp

The law of torts recognizes many defenses to liability. While some of these defenses have been explored in detail, scant attention has been given to the theoretical foundations of defenses generally. In particular, no serious attempt has been made to explain how defenses relate to each other or to the torts to which they pertain. Now available in paperback, this book reduces the size of this substantial gap in the understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defenses. It argues that all defenses should be sorted into the following three categories: absent element defenses, justification defenses, and public policy defenses. It shows that much can be learned about a given defense (as well as defenses in general) from the way in which they are classified within this system. The book is an original study which will be of interest to all those working in the field of tort law. *** Reviews: 'James Goudkamp's book can rightly claim to be the first serious attempt to examine tort law defences systematically and it is a very important addition to the private law canon . [His] analysis is consistently thought-provoking . [T]his book will provide the framework for future analysis of all private law defences'. Graham Virgo, The Cambridge Law Journal 'This book . is the first sustained attempt in the modern law to explore the theoretical foundations of the defences to liability recognised by the law of tort and their interrelationship ... [It is] an instant classic'. Ken Oliphant and Annette Morris, Yearbook of European Tort Law 'James Goudkamp's Tort Law Defences fills a startling gap in tort law scholarship. [It] provides an impressive foundation for the future study of defences, and will undoubtedly become the standard against which all other works are measured'. Erika Chamberlain, Canadian Business Law Journal (Series: Hart Studies in Private Law) [Subject: Tort Law]

Publication Date: 6/30/2016
Format: Paper
ISBN: 9781509905027

Available in other formats