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An Analysis of the Economic Torts

Hazel Carty

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.001.0001
Subject:
Law, Intellectual Property, IT, and Media Law

The economic torts for too long have been under-theorised and under-explored by academics and the judiciary alike. Also in recent years claimants have exploited the resulting chaos by attempting to ... More


Reparations and Civil Litigation: Compensation for Human Rights Violations in Transitional Democracies

Jaime E. Malamud‐Goti and Lucas Sebastián Grosman

in The Handbook of Reparations

Published in print:
2006
Published Online:
May 2006
ISBN:
9780199291922
eISBN:
9780191603716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199291926.003.0016
Subject:
Political Science, International Relations and Politics

Compensation for human rights abuse can be approached from two different perspectives. The first is through principles of tort law, under which the compensation of harm for human rights abuse is no ... More


Concurrent Liability

Gerhard Dannemann

in The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.003.0007
Subject:
Law, Comparative Law, Law of Obligations

This chapter presents an overview of issues of concurrent liability. Topics covered include concurrent liability within unjustified enrichment, unjustified enrichment and contract law, unjustified ... More


Torts and Rights

Robert Stevens

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.001.0001
Subject:
Law, Law of Obligations

The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This apparently simple proposition enables us to understand the law of torts (plural) as ... More


Getting Incentives Right: Improving Torts, Contracts, and Restitution

Robert D. Cooter and Ariel Porat

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.001.0001
Subject:
Law, Comparative Law

Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would ... More


Conclusion

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0013
Subject:
Law, Comparative Law

This book has advanced three central claims, each related to a different branch of private law. First, to achieve efficiency under negligence law, all foreseeable risks should be included when ... More


International Society—Consent and Custom as Sources of Law

Jason Ralph

in Defending the Society of States: Why America Opposes the International Criminal Court and its Vision of World Society

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199214310
eISBN:
9780191706615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199214310.003.0002
Subject:
Political Science, International Relations and Politics

This chapter examines why legal positivism emphasises the importance of sovereign consent and relates it to the pluralist conception of international society introduced in the previous chapter. This ... More


Privacy, Intimacy, and Isolation

Julie C. Inness

Published in print:
1996
Published Online:
November 2003
ISBN:
9780195104608
eISBN:
9780199868247
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0195104609.001.0001
Subject:
Philosophy, Moral Philosophy

From the Supreme Court to the bedroom, privacy is an intensely contested interest in our everyday lives and privacy law. Some people appeal to privacy to protect such critical areas as abortion, ... More


Introduction

Robert Stevens

in Torts and Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.003.0001
Subject:
Law, Law of Obligations

A commonly held misconception is that the law of torts is concerned with defining those cases where one party may be held liable to compensate another for the loss he has caused through his fault. In ... More


Exploring the ‘Market Failure’ Hypothesis

Christopher Hood, Henry Rothstein, and Robert Baldwin

in The Government of Risk: Understanding Risk Regulation Regimes

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199243631
eISBN:
9780191599507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199243638.003.0005
Subject:
Political Science, Comparative Politics

Explores how far variety amongst risk regulation regimes can be explained by ‘market failure’ explanations of risk regulation. A ‘market failure’ approach assumes that state activity will consist of ... More


Towards a Theory of Stare Decisis

Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0003
Subject:
Political Science, Comparative Politics

This paper, which was originally published in The Journal of Legal Studies in 1972, is the first of two that examine some of the problems posed by the method of law-making that is associated with the ... More


The Corporation Under Siege: Social Movements, Regulation, Public Relations, and Tort Law since the Second World War

David B. Sicilia

in Constructing Corporate America: History, Politics, Culture

Published in print:
2004
Published Online:
September 2007
ISBN:
9780199251902
eISBN:
9780191719059
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199251902.003.0008
Subject:
Business and Management, Business History

This chapter examines the experiences of three US industries — chemical manufacturing, tobacco, and nuclear power — that came under political, legal, and rhetorical attack following World War II, and ... More


A Historical Introduction to the Law of Obligations

David Ibbetson

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.001.0001
Subject:
Law, Law of Obligations, Legal History

The English law of obligations has developed over most of the last millennium without any major discontinuity. Through this period each generation has built on the law of its predecessors, ... More


Introduction

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0001
Subject:
Law, Comparative Law

This book examines how the law of torts, contracts, and restitution can be improved by showing how private law reduces the cost of accidents, lubricates bargains, and encourages unrequested benefits. ... More


Prices, Sanctions, and Discontinuities

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0002
Subject:
Law, Comparative Law

This chapter considers a misalignment between the standards of care and damages due to a court's lack of information regarding causation. It first explains the distinction between prices and ... More


Lapses and Substitution

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0005
Subject:
Law, Comparative Law

This chapter deals with lapses of attention, for example by a driver or a doctor, and explains how a negligence rule gives injurers an incentive to substitute activities with unavoidable accidents ... More


Unity in the Law of Torts and Contracts

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0007
Subject:
Law, Comparative Law

This chapter deals with the problem of providing efficient incentives for the promisor and promisee simultaneously and repurposes the model of torts in a way that unifies tort law and contract law. ... More


Intentional and Economic Torts

Michael Lobban

in The Oxford History of the Laws of England: Volume XII: 1820–1914 Private Law

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258826
eISBN:
9780191705168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258826.003.0024
Subject:
Law, Legal History

Traditional tort doctrine taught that a person who intentionally performed an unlawful act which harmed another was liable for the damage suffered. In the second half of the 19th century, judges and ... More


Reconceptualizing (Some) Boilerplate under Tort Law

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0011
Subject:
Law, Company and Commercial Law

This chapter explains how abusive boilerplate could either be treated as a defective product, or else regulated under a new tort of intentional deprivation of basic legal rights. It argues that we ... More


Intimidation

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0005
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter explores the history and modern form of this tort. Two key issues surrounding this tort remain controversial as was highlighted by the recent decisions in OBG and Total Network. These ... More


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