Tort Law: Challenging Orthodoxy [Hardcover]

In this book leading scholars from the United Kingdom, the United States and Australia challenge established common law rules and suggest new approaches to both old and emerging problems in tort law. Some of the chapters 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 chapters 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 analysing 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 chapters 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.

Stephen GA Pitel, BA, LLB, LLM, PhD, is a Professor of Law and Goodmans LLP Faculty Fellow in Legal Ethics at Western University.
Jason W Neyers, BA, LLB, MST, is a Professor of Law at Western University.
Erika Chamberlain, LLB, PhD is an Associate Professor of Law and Associate Dean (Academic) at Western University.

1. Against Certainty in Tort Law
Ken Oliphant
2. Tort Law and Human Flourishing
Nicholas J McBride
3. Private and Public: The Mixed Concept of Vindication in Torts and Private Law
Kit Barker
4. 'We Do This in the Criminal Law and That in the Law of Tort': A New Fusion Debate
Graham Virgo