A Theory of Tort Liability

(Hardback)

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This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Immanuel Kants Metaphysics of Morals, the book shows that Kants theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law. The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues that there are three general kinds of liability found in the law of tort: liability for putting another or anothers property to ones purposes directly, liability for doing something to a third party that puts another or anothers property to ones purposes, and liability for pursuing purposes in a way that improperly interferes with the ability of another to pursue her legitimate purposes. It terms these forms liability for direct control, liability for indirect control and liability for injury respectively. The result is a coherent, philosophical understanding of the structure of tort liability as an entire system. In developing its position, the book considers the laws of Australia, Canada, England and Wales, New Zealand and the United States.

Reviews

This book is indispensable. We will never get a better presentation of the Kantian view of tort law than is provided to us in this book. -- Nicholas J. McBride, Pembroke College * Cambridge Law Journal *
There is no doubt that [A Theory of Tort Liability] represents considerable learning regarding tort law. It is a well-written and substantial contribution to thinking about the subject and it deserves to be read by anyone who is interested in tort laws theoretical architecture. It marshals an impressive range of materials. -- James Goudkamp, University of Oxford * Journal of Professional Negligence *
As A Theory of Tort Liability demonstrates, there is much to be gained from considering the ways in which tort law does (and does not) jibe with the idea of protecting each of us from having others interfere with our projects. -- John Goldberg, Harvard Law School * Modern Law Review *

Author Bio

Allan Beever is Professor of Law at Auckland University of Technology.