Omissions in Tort Law
Oxford University Press (Verlag)
978-0-19-886659-6 (ISBN)
Whether or not a person has a positive duty to prevent harm is both a complex and fundamental question in English tort law. There is a distinction drawn between doing harm and failing to prevent it, between acts and omissions. However, there are instances in which a failure to act can have legal consequences.
Omissions in Tort Law analyses the justification for the lack of a general positive duty to prevent harm and argues that it is not best understood in terms of the distinction between acts and omissions, but in terms of making things worse versus not making things better. It considers when the law will and should impose duties to improve another's position. It provides novel conceptual analyses of the basic concepts that inform the imposition of positive duties, such as creation of risk, interfering with aid, assuming responsibility, controlling a source of risk, and the normative considerations that underpin them. In addition, it addresses the ways in which the law differentiates between actively causing harm and failing to protect from harm, and makes recommendations as to how the law could be improved.
Exploring the ways in which conceptions of morality intersect with legal obligations, Omissions in Tort Law offers a detailed and nuanced perspective on omissions and positive duties, including scope, justification, and potential areas for change.
Sandy Steel has been a Fellow of Wadham College, Oxford, since 2014, and Professor of Law and Philosophy of Law at the University of Oxford since 2021. His work focuses on foundational issues in private law, including causation, the moral basis of duties to compensate, the relationship between remedies and self-defence, and the role of fault. His other books include Proof of Causation in Tort Law (CUP, 2015), and co-authored with Nick McBride, Great Debates in Jurisprudence (2nd edn, 2018).
1: Isolating the Distinction between Acts and Pure Omissions
2: Justifying a Distinction
3: Innocent Creation of Risk and Interference
4: Assumptions of Responsibility: Part 1- The Law
5: Assumptions of Responsibility: Part 2- Normative Issues
6: Control
7: Statute
8: Current Protection from a Risk
9: Easy Rescue
10: Public Authorities
11: Beyond Duty Issues: Breach, Causation, Remedies
12: Conclusion- Restating the Law on Pure Omissions
| Erscheinungsdatum | 15.10.2024 |
|---|---|
| Reihe/Serie | Oxford Private Law Theory |
| Verlagsort | Oxford |
| Sprache | englisch |
| Maße | 160 x 240 mm |
| Gewicht | 606 g |
| Themenwelt | Recht / Steuern ► Allgemeines / Lexika |
| Recht / Steuern ► EU / Internationales Recht | |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Besonderes Schuldrecht | |
| ISBN-10 | 0-19-886659-3 / 0198866593 |
| ISBN-13 | 978-0-19-886659-6 / 9780198866596 |
| Zustand | Neuware |
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