Call Boomerang Books 1300 36 33 32

Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the law of negligence. Its aim is to re-establish the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are and must be based on individual policy decisions and that the task of the judge or commentator is to shape the law in terms of the relevant policies as she sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. The book argues that the law of negligence is best understood in terms of a relatively small set of principles enunciated in a small number of leading cases. It further argues that these principles are themselves best seen in terms of an aspect of morality called corrective justice which, when applied to the most important aspects of the law of negligence reveals that the law - even as it now exists - possesses a far greater degree of conceptual unity than is commonly thought. Using this method the author is able to examine familiar aspects of the law of negligence such as the standard of care; the duty of care; remoteness; misfeasance; economic loss; negligent misrepresentation; the liability of public bodies; wrongful conception; nervous shock; the defences of contributory negligence, voluntary assumption of risk, and illegality; causation; and issues concerning proof, to show that when the principles are applied and the idea of corrective justice is properly understood then the law appears both systematic and conceptually satisfactory. The upshot is a rediscovery of the law of negligence.

Buy Rediscovering the Law of Negligence book by Allan Beever from Australia's Online Independent Bookstore, Boomerang Books.

Book Details

ISBN: 9781841136868
ISBN-10: 1841136867
Format: Hardback
(234mm x 156mm x 44mm)
Pages: 562
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 30-May-2007
Country of Publication: United Kingdom

Other Editions

Reviews

» Have you read this book? We'd like to know what you think about it - write a review about Rediscovering the Law of Negligence book by Allan Beever and you'll earn 50c in Boomerang Bucks loyalty dollars (you must be a Boomerang Books Account Holder - it's free to sign up and there are great benefits!)

Write Review


Author Biography - Allan Beever

Allan Beever is Reader in Law at the University of Durham.

Books By Author Allan Beever

Theory of Tort Liability by Allan Beever

A Theory of Tort Liability

Hardback, August 2016
$90.00
Law of Private Nuisance by Allan Beever

The Law of Private Nuisance

Hardback, August 2013
$63.00
Forgotten Justice by Allan Beever

Forgotten Justice

Hardback, February 2013
$108.86
Rediscovering the Law of Negligence by Allan Beever

Rediscovering the Law of Negligence

Paperback, April 2009
$55.80