Private Law and Building Safety
Hart Publishing (Verlag)
978-1-5099-7660-7 (ISBN)
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It explores the extent to which private law can be part of the solution to – as well as being part of the cause of – the building safety crisis which afflicts people around the world. The book offers policymakers, practitioners and scholars ground-breaking consideration of this vital yet under-considered aspect of the building safety crisis, along with new and valuable insights into the nature, limits and utility of private law.
The book examines the ‘symptoms’ of the building safety problem (fire, moisture ingress, structural integrity and beyond) across the UK, USA, Australia, Singapore, New Zealand, Italy and Canada. It covers the broad spread of categories within the realm of private law, including torts (primarily negligence), contract, and land (real property) law. International experts provide a variety of different perspectives on the complex and rapidly evolving relationship between private law and the measures which policymakers are implementing in response to the building safety crisis. The book examines in detail existing legislative and judicial responses to the crisis, offering guidance as to how statutory regimes addressing the building safety problem (such as the Building Safety Act 2022) can best be understood and developed.
The book results from a joint research project by the Faculty of Law at the University of Oxford and Melbourne Law School at the University of Melbourne.
Matthew Bell is Associate Professor of Construction Law at the University of Melbourne, Australia. Susan Bright is Professor of Land Law at the University of Oxford, UK. Ben McFarlane is Professor of English Law at the University of Oxford, UK. Andrew Robertson is Professor of Law at the University of Melbourne, Australia.
Part 1: The Limitations of Private Law in Addressing Building Safety
1. Tackling Building Safety Through Private Law: A Comparative Analysis, Fabiana Bettini (University College London, UK) and Marco Cappelletti (University of Oxford, UK)
2. Private Law and Building Safety: Promises and Problems, Matthew Bell (University of Melbourne, Australia), Susan Bright (University of Oxford, UK), Ben McFarlane (University of Oxford, UK) and Andrew Robertson (University of Melbourne, Australia)
3. Building Safety in Canada: Has Winnipeg Condominium had an Impact? Erika Chamberlain (University of Western Ontario, Canada)
4. Procedural Challenges and Opportunities for Leaseholders, Jodi Gardner (University of Auckland, New Zealand) and Simone Degeling (University of New South Wales, Australia)
5. Private Law in the Ruins, Nick McBride (University of Cambridge, UK)
Part 2: Getting the Mix Right: Statutory Regulation and Private Law Norms
6. The Surfside Condominium Collapse: What Lessons Have Been Learned? Evan McKenzie (University of Illinois Chicago, USA)
7. Tort as a Tool of Government Policy: Section 38 of the Building Act 1984, Jonathan Morgan (University of Cambridge, UK)
8. Defective Premises and Economic Loss: A Problem Best Left to Legislation? Donal Nolan (University of Oxford, UK)
9. Rationalising Associate Liability Under the Building Safety Act 2022, David Sawtell (University of Cambridge, UK)
10. Regulation and Private Law in Promoting Building Safety: The Case of Singapore, Edward Ti (Singapore Management University, Singapore)
| Erscheint lt. Verlag | 10.7.2025 |
|---|---|
| Reihe/Serie | Hart Studies in Private Law |
| Verlagsort | Oxford |
| Sprache | englisch |
| Maße | 156 x 234 mm |
| Themenwelt | Recht / Steuern ► Allgemeines / Lexika |
| Recht / Steuern ► EU / Internationales Recht | |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Sachenrecht | |
| ISBN-10 | 1-5099-7660-4 / 1509976604 |
| ISBN-13 | 978-1-5099-7660-7 / 9781509976607 |
| Zustand | Neuware |
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