Description
Bloomsbury Publishing PLC A Theory of Tort Liability_2016 by Allan Beever
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 Kant’s iMetaphysics of Morals/i the book shows that Kant’s 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 another’s property to one’s purposes directly liability for doing something to a third party that puts another or another’s property to one’s 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.