Tort Law Defences [Hardcover]

The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified.

This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.

While some defences to liability recognised in the law of torts have been explored in detail, the theoretical foundations of defences generally have received scant attention. This book attempts to fill this gap.James Goudkamp is a Fellow of Keble College, Oxford, and an Associate Professor in the Oxford Law Faculty. He holds or has held visiting positions at Harvard Law School, the National University of Singapore, the University of Western Australia and the University of Wollongong.

...a welcome contribution. With its careful analysis and clear prose, the book warrants our serious attention. New Zealand Law Journal

...this book is a gem. It is beautifully clear in its exposition, and thorough in its examination of the area which has long needed such a look. Academic tort lawyers will love it and practitioners will find it extremely useful in clarifying their approach to arguing defences. It is worth having in your library. Australian Civil Liability

... a highly original and insightful analysis into the law of defences to torts as a whole [that] is certainly worthwhile reading. Australian Law Journal, Volume 88

... an excellent, thought-provoking and l!