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Relevant bibliographies by topics / English law: torts

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Academic literature on the topic 'English law: torts'

Author: Grafiati

Published: 4 June 2021

Last updated: 28 January 2023

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Journal articles on the topic "English law: torts"

1

Hartshorne, John. "The need for an intrusion upon seclusion privacy tort within English law." Common Law World Review 46, no. 4 (November 23, 2017): 287–305. http://dx.doi.org/10.1177/1473779517739798.

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In the United States, New Zealand and the Canadian province of Ontario, recognition has been afforded to privacy torts remedying intrusions upon seclusion or solitude, and the creation of such a tort has also been recommended by the Australian Law Reform Commission. In England and Wales, recognition has so far only been afforded to a privacy tort remedying misuse of private information. This article considers the current prospects for the recognition of an intrusion upon seclusion tort within English law. It will be suggested that there is less necessity for such recognition following the apparent recent confirmation by the decisions in Gulati v MGN and Vidal-Hall v Google that misuse of private information claims may still be brought where there is no ensuing publication of wrongly acquired private information. Given that intrusions commonly result in the acquisition of private information, it will be suggested that many of the privacy interests protected by the intrusion torts in other jurisdictions may now therefore be protected in English law through a claim for misuse of private information.

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Ahmed, Raheel. "The Influence of "Reasonableness" on the Element of Conduct in Delictual or Tort Liability - Comparative Conclusions." Potchefstroom Electronic Law Journal 22 (October 7, 2019): 1–34. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a6122.

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In this contribution the influence of reasonableness on the element of conduct in the South African law of delict will be analysed and compared with the requirement of some form of conduct in English tort law, American tort law and the French law of delict. Fundamental similarities and differences among the different legal systems must be considered. France and South Africa follow a generalising approach to determining a delict while English and American law have a system of separate torts. Even though English and American law do not explicitly refer to the requirement of conduct in tort law, it is generally implicitly required. This is the case whether one is dealing with the tort of negligence or the intentional torts. In French law too, a fait générateur (a generating, triggering, wrongful act or event) generally must also be present in order to ground delictual liability. The concept of fait générateur is broader than the concept of conduct found in the other jurisdictions in that it extends beyond what is regarded as human conduct. The conduct in all the jurisdictions may be in the form of a commission (a positive, physical act or statement) or an omission (a failure to act). The requirement that conduct must be voluntary is generally found in South African, English and American law (with an exception applying to mentally impaired persons) but not in France. Naturally, it is unreasonable to hold a person liable without conduct which results in the causing of harm or loss. In all the above-mentioned jurisdictions, it would generally be unreasonable to hold the wrongdoer liable in delict or tort law if the omission or commission does not qualify as some form of conduct. Thus the influence of reasonableness on the element of conduct in all the above-mentioned jurisdictions is implicit.

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Tamblyn, Nathan. "Private Necessity in English and American Tort Law." Global Journal of Comparative Law 1, no. 1 (2012): 38–72. http://dx.doi.org/10.1163/2211906x-00101002.

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This article seeks to provide a comprehensive formulation of the tortious defence of necessity in English law, and to identify the lessons which can be learned by comparing it with the American privilege of private necessity set out in the Restatement (Second) of Torts.

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Downes, T. A. "Trawling for a remedy: state liability under Community law." Legal Studies 17, no. 2 (July 1997): 286–304. http://dx.doi.org/10.1111/j.1748-121x.1997.tb00408.x.

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This paper explores the implications for English law of the decision of the European Court of Justice in joined cases C-46/93 Brasserie du Pêcheur v Germany and C-48/93 R v Secretary of State for Transport, ex p Factortame (No 4) and subsequent decisions developing the principles enunciated therein. More specifically, it examines how the English law of torts is to accommodate the European law obligation to compensate, in appropriate circumstances, individuals suffering a loss as a result of a breach by the state of Community law. In confronting this question English law is engaged in the unfamiliar exercise of attempting to match a remedy to an already recognised right: the history of the common law, and the law of torts in particular, is of defining rights in the light of the existing remedies under which they could be asserted.

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Atkin, W. R. "Tort Law Text and Materials by Mark Lunney and Ken Oliphant." Victoria University of Wellington Law Review 32, no. 2 (July 2, 2001): 599. http://dx.doi.org/10.26686/vuwlr.v32i2.5896.

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This article is a book review of Mark Lunney and Ken Oliphant, Tort Law Text and Materials Oxford University Press, Oxford, 2000, 819 + lix pages (Reg Retail NZ$95). Lunney and Oliphant's book is a book of materials and cases of English tort law developments, although the authors have both done research in New Zealand as well. Atkin reviews the tort law developments in England covered in the book and then compares it to that of New Zealand, including the torts of invasion of privacy and negligence. Atkin commends the book for its innovative writing and style. The frequent pattern of the book is to include critique and commentary after the relevant case law, which Atkin states are memorable and of high quality.

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Cottrell, Jill. "The Functions of the Law of Torts in Africa." Journal of African Law 31, no. 1-2 (1987): 161–84. http://dx.doi.org/10.1017/s0021855300009311.

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Professor Allott observed nearly a quarter of century ago:“There can be no justification (other than inertia) for the continued application of the unreformed English law of torts in modern African countries”.There is no doubt that he was right; there is equally no doubt that it is still substantially the unreformed law which is applied. Certainly there has been very little in the way of legislative change. This paper is not concerned mainly with this question, but with what uses African litigants and their lawyers have found for this exotic field of law, and also, to some extent, with the further question of how far the law has proved fitted for the tasks.A glance at legal periodicals in the United Kingdom and even more so in the USA indicates that there is something of a ferment in tort scholarship. We find writers asking questions like “Does tort have a future?” While at the same time others demand that tort take on new roles. By way of complete contrast, it might appear from African legal literature that the law of tort is of virtually no significance. There are very few books and journal articles are relatively rare. It attracts even less attention from those who write on law and development.It has been said of the Antipodean law of tort that it “does not, in general, reflect the Australian outback and its pastoral economy, nor New Zealand's earthquakes, volcanoes and glaciers, nor exemplify an Australian or New Zealand ethos”.

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Giliker, Paula. "Osman and police immunity in the English law of torts." Legal Studies 20, no. 3 (September 2000): 372–92. http://dx.doi.org/10.1111/j.1748-121x.2000.tb00149.x.

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This article examines and questions the nature of police immunity from claims for negligence in the investigation and suppression of crime, as stated by the House of Lords in Hill v Chief Constable of West Yorkshire. This issue has been discussed before the European Court of Human Rights in Osman v United Kingdom, where the court held that a blanket application of the immunity was contrary to art 6 of the European Convention on Human Rights. This article will argue that this decision does not overturn the basic public policy principles for the immunity stated in Hill and that further examination of this area of law is required. It is submitted that if the law is considered in terms of proximity rather than in terms of public policy immunity, a clearer understanding of the principles underlying this area of law can be reached together with the desirable goal of removing the term ‘immunity’ from this area of law.

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Dietrich, Joachim. "Accessorial liability in the law of torts." Legal Studies 31, no. 2 (June 2011): 231–58. http://dx.doi.org/10.1111/j.1748-121x.2010.00173.x.

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This paper considers the scope and limits of accessorial liability in the law of torts. It argues that the issue has been under-analysed, in part because such liability is encompassed under the label of ‘joint tortfeasorship’. Analysis of the question of accessorial liability needs to focus on two questions: what is the requisite involvement of the ‘accessory’ and what is the requisite mental state of the accessory when committing those acts? The paper seeks to define the precise limits of these two requirements and argues, after an analysis of the English and Australian authorities, that the current tests for accessorial liability, in rejecting liability for ‘mere’ assistance, are too narrowly stated.

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Fentiman, Richard. "The justiciability of foreign copyright claims." Cambridge Law Journal 58, no. 2 (July 1999): 265–93. http://dx.doi.org/10.1017/s000819739929201x.

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WHEN can English defendants be sued in England for the infringement of a foreign copyright? They were once immune, for two distinct reasons. English law formerly governed liability even for foreign torts, the effect of the rule in Phillips v. Eyre (1870) L.R. 6 Q.B. 1. Such claims were therefore pointless because English copyright protection extends only to English infringements; English law, although in principle applicable, could not be applied. Less convincingly, foreign intellectual property rights, like rights in foreign land, were generally regarded as non-justiciable under the rule in British South Africa Co. v. Cia. de Moçambique [1893] A.C. 602.

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Aryan, Shahram, and Bagher Mirabbasi. "Study on English and French Law." Journal of Politics and Law 9, no. 2 (March 31, 2016): 232. http://dx.doi.org/10.5539/jpl.v9n2p232.

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Accepting the principle of good faith in the pre-contractual period entails certain consequences. Observing this principle would require that the parties cooperate and exchange information by exhibiting utmost honesty, transparency, and seriousness in their preliminary talks towards achieving their mutual goals; and that each party, while respecting the information confidentiality of the other party and refusing to enter into parallel negotiations, shall respect the other party’s interests. The principle of good faith is not explicitly recognized as a general rule in Iran’s statutes. Although the necessity of observing the principle of good faith in all laws and obligations in all instances including the pre-contractual period can be proved using the principle of induction from the criteria stipulated in Article 8, Iran’s Law of Civil Liability (i.e., Law of Torts) as well as other current Iranian regulations, this method would not convince the legal Iranian community to accept the principle of good faith as a general rule. Therefore, social and economic imperatives would necessitate that the principle of good faith should be recognized explicitly in the Iranian statutes.

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Dissertations / Theses on the topic "English law: torts"

1

Whittaker, Simon John. "The relationship between contract and tort : a comparative study of French and English law." Thesis, University of Oxford, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670368.

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Leczykiewicz, Dorota. "Recoverability of harm in English and French Tort Law." Thesis, University of Oxford, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.522747.

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Banfi, Cristián Antonio. "Competition and other intentional economic torts : a comparison of English and Chilean laws." Thesis, University of Cambridge, 2010. https://www.repository.cam.ac.uk/handle/1810/270407.

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Kennefick, Ciara M. "Unfair prices in contracts in English and French law." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:b162d4c6-66f8-4687-a6af-e0418b06c549.

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When and why can parties escape from a contract on the ground that the price is unfair? This question is considered in a comparative and historical perspective in English and French law. The general rule in both systems is that the parties are free to determine the price and they are then bound by their contract. One well known exception in French law, which derives from Roman law, is Article 1674 of the Code civil which allows a vendor to rescind a contract for the sale of land if the price agreed in the contract is less than five-twelfths of the fair price. It is generally thought that there are no analogous rules in English law. However, the law on this subject is in fact considerably more complex and more colourful than this simple contrast would suggest. Numerous rules on unfair prices in contracts were created in French law by the legislature and the courts since the promulgation of the Code civil in 1804. In English law, courts intervened in contracts on the ground of an unfair price in a few instances in the nineteenth century. However, only the rule on unfair prices in salvage contracts has survived until today. In both systems, the policies of preserving family wealth, protecting weak parties and giving special treatment to certain parties for economic, political, social or cultural reasons underpin these rules. There are two principal conclusions. First, freedom of contract is much less extensive in French law than in English law. This is evident in the numerous rules on unfair prices in contracts in French law and in the primacy of the remedy of altering the price rather than rescission. Secondly, while in theory, French courts play a much less significant role than English courts in the development of law, the creation and abolition of certain rules on unfair prices in contracts by French courts shows that judicial creativity in French law can be much less constrained in practice than in English law.

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Sanders, Astrid. "The legal accountability of multinational corporations in English and American contract and tort laws for core labour rights violations in global supply chains." Thesis, University of Oxford, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.543611.

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Morrow, Sarah Emily. "Absent Characters as Proximate Cause in Twentieth Century American Drama." Digital Archive @ GSU, 2009. http://digitalarchive.gsu.edu/english_theses/58.

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This thesis explores the status of a specific subset of absent characters within twentieth century American drama. By borrowing the term “proximate cause” from tort law and illuminating its intricacies through David Hume’s A Treatise of Human Nature, this thesis re-appropriates proximate cause for literary studies. Rather than focus on characters whose existence remains the subject of critical debate, this set of absent characters presumably exists but never appear onstage. Despite their non-appearance onstage, however, these absent characters nonetheless have a profound effect upon the action that occurs during their respective plays. Highlighting the various ways in which these characters serve as the proximate cause for the onstage action of a given play will expand the realm of drama and literary studies in myriad ways.

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Books on the topic "English law: torts"

1

Oughton, D. W. Law of torts. London: Blackstone Press, 1994.

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2

Clark, Peter. Law of torts. Edited by Stephenson Graham 1947-. 2nd ed. London: Blackstone, 1988.

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Clark, Peter. Law of torts. 4th ed. London: Blackstone, 1995.

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4

Clark, Peter. Law of torts. 3rd ed. London: Blackstone, 1991.

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5

An explanatory guide to the English law of torts. Chichester, England: Barry Rose Law Publishers, 1996.

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6

Lewthwaite, John. Law of torts : learning text. London: Blackstone Press, 1996.

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Lewthwaite, John. Law of torts: Learning text. 3rd ed. London: Blackstone, 2001.

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Abdul Basir bin Haji Mohamad. English and Islamic law of torts: Concepts, principles, trespasses, strict liability & vicarious liability. Kuala Lumpur: Dewan Bahasa dan Pustaka, 2013.

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9

Lewthwaite, John. Law of torts: Cases and materials. London: Blackstone, 1996.

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Kaye, Peter. An explanatory guide to the English law of torts. Chichester: Barry Rose Law Publishers, 1996.

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Book chapters on the topic "English law: torts"

1

Major, W. T. "The Law of Torts." In Basic English Law, 64–75. London: Macmillan Education UK, 1990. http://dx.doi.org/10.1007/978-1-349-20588-2_6.

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Major, W. T. "The Tort of Negligence." In Basic English Law, 76–91. London: Macmillan Education UK, 1990. http://dx.doi.org/10.1007/978-1-349-20588-2_7.

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Packman, Claire. "The English law of tort." In Architect’s Legal Handbook, 21–32. Tenth edition. | Milton Park, Abingdon, Oxon; New York, NY: Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9780429279546-4.

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Jones, Michael A. "Compensation in the English Health Care Sector." In Tort and Insurance Law, 121–85. Vienna: Springer Vienna, 2004. http://dx.doi.org/10.1007/978-3-7091-0607-5_4.

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Burrows, Andrew. "TORTS AND EQUITABLE WRONGS." In English Private Law, 927–1030. Oxford University Press, 2013. http://dx.doi.org/10.1093/acprof:oso/9780199661770.003.0017.

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Friedman, Lawrence M. "Torts." In A History of American Law, 443–62. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190070885.003.0015.

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This chapter discusses the development of tort law in the second half of the nineteenth century. Tort law experienced its biggest growth spurt in the late nineteenth century. The legal world began to sit up and pay attention. The very first English-language treatise on torts appeared in 1859: Francis Hilliard’s book, The Law of Torts, Or Private Wrongs. Then came Charles G. Addison, Wrongs and Their Remedies in 1860, in England. By 1900, there was an immense literature on the law of torts; Joel Bishop and Thomas M. Cooley had written imposing treatises on the subject; the case law had swollen to heroic proportions. Tort law was a product of the industrial revolution; England here had a head start; problems emerged there first, and so did their tentative legal solutions.

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Gardner, John. "Torts and Other Wrongs." In Torts and Other Wrongs, 1–26. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198852940.003.0001.

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This chapter focuses on the law of torts, not in the United States, but in other major common law jurisdictions (England and Wales, Canada, Australia, and New Zealand) in which tort cases are normally adjudicated by judges sitting without juries. It considers the so-called classical interpretation of the common law of torts by John Goldberg and Ben Zipursky, and how they tend to equivocate on an important point of law in a way that puts them at odds with some writers with whom they would do better to make common cause. It suggests that this equivocation is where the law of the United States parts company with the law in the rest of the common law world. The problem, an English lawyer might then teasingly say, is with American tort law rather than with the Goldberg and Zipursky rendition of it.

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Witting, Christian. "18. The rule in Rylands v Fletcher." In Street on Torts, 464–83. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198865506.003.0018.

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This chapter examines the rule in Rylands v Fletcher, which is probably the best-known example of a strict liability tort in English law. It explains that the rule in this case highlighted various elements of the tort, such as non-natural use and escape, which must be present before liability can be imposed. It discusses criticisms of the rule, particularly about whether it really amounts to an instance of strict liability in tort, and considers the recent judicial view that it is merely a sub-branch of the law of private nuisance. Comparison of the two torts would suggest that the Rylands tort is separate and distinct from private nuisance.

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Lunney, Mark, Donal Nolan, and Ken Oliphant. "14. Privacy." In Tort Law: Text and Materials. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198745525.003.0014.

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The right of privacy under Article 8 of the European Convention on Human Rights was incorporated into English law by the Human Rights Act 1998, but English law as yet recognises no tort of invasion of privacy as such. Admittedly, a number of specific torts protect particular aspects of privacy, but this protection may be regarded as haphazard, incidental, and incomplete. Recent decisions, however, have seen substantial developments in the protection given to particular privacy interests, above all by adapting the law of breach of confidence to provide a remedy against the unauthorised disclosure of personal information. These issues are discussed in this chapter.

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Witting, Christian. "18. The Rule in Rylands v Fletcher." In Street on Torts. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198700944.003.0018.

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This chapter examines the rule in Rylands v Fletcher, which is probably the best known example of a strict liability tort in English law. It explains that the rule in this case highlighted various elements of the tort, such as non-natural use and escape, which must be present before liability can be imposed. It discusses criticisms of the rule, particularly about whether it amounts to an instance of strict liability in tort and considers the view that it is merely a sub-branch of the law of private nuisance.

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