Download the law of private nuisance hart studies in private law in pdf or read the law of private nuisance hart studies in private law in pdf online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get the law of private nuisance hart studies in private law in pdf book now. This site is like a library, Use search box in the widget to get ebook that you want.



The Law Of Private Nuisance

Author: Allan Beever
Publisher: Bloomsbury Publishing
ISBN: 1782253408
Size: 71.20 MB
Format: PDF, ePub
View: 2814
Download and Read
It is said that a nuisance is an interference with the use and enjoyment of land. This definition is typically unhelpful. While a nuisance must fit this account, it is plain that not all such interferences are legal nuisances. Thus, analysis of this area of the law begins with a definition far too broad for its subject matter, forcing the analyst to find more or less arbitrary ways of cutting back on potential liability. Tort law is plagued by this kind of approach. In the law of nuisance, today's preferred method of cutting back is to employ the notion of reasonableness. No one seems to know quite what 'reasonableness' means in this context, however. This is because, in fact, it does not mean anything. The notion is no more than the immediately recognisable symptom of our inadequate comprehension of the law. This book expounds a new understanding of the law of nuisance, an understanding that presents the law in a coherent and systematic fashion. It advances a single, central suggestion: that the law of nuisance is the method that the common law utilises for prioritising property rights so that conflicts between uses of property can be resolved.

Divergences In Private Law

Author: Andrew Robertson
Publisher: Bloomsbury Publishing
ISBN: 178225661X
Size: 40.25 MB
Format: PDF
View: 2998
Download and Read
This book is a study of doctrinal and methodological divergence in the common law of obligations. It explores particular departures from the common law mainstream and the causes and effects of those departures. Some divergences can be justified on the basis of a need to adapt the common law of contract, torts, equity and restitution to local circumstances, or to bring them into conformity with local values. More commonly, however, doctrinal or methodological divergence simply reflects different approaches to common problems, or different views as to what justice or policy requires in particular circumstances. In some instances divergent methodologies lead to substantially the same results, while in others particular causes of action, defences, immunities or remedies recognised in one jurisdiction but not another undoubtedly produce different outcomes. Such cases raise interesting questions as to whether ultimate appellate courts should be slow to abandon principles that remain well accepted throughout the common law world, or cautious about taking a uniquely divergent path. The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A separate collection, entitled The Common Law of Obligations: Divergence and Unity (ISBN: 9781782256564), is also being published.

Modern Studies In Property Law

Author: Nicholas Hopkins
Publisher: Bloomsbury Publishing
ISBN: 1782251812
Size: 56.68 MB
Format: PDF, ePub, Docs
View: 4476
Download and Read
This book contains a collection of peer reviewed papers presented at the ninth biennial Modern Studies in Property Law conference held at the University of Southampton in March 2012. It is the 7th volume to be published under the name of the conference. The conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects both the breadth of modern research in property law and its international dimensions. Incorporating a keynote address by Lord Walker of Gestingthorpe, retired Justice of the Supreme Court, on 'The Saga of Strasbourg and Social Housing,' a number of chapters reveal the bourgeoning influence of human rights in property law. Other contributions illustrate an enduring need to question and explore fundamental concepts of the subject alongside new and emerging areas of study. Collectively the chapters demonstrate the importance and relevance of property research in addressing a wide range of contemporary issues.

Tort Law

Author: Mark Lunney
Publisher: Oxford University Press, USA
ISBN: 9780198764014
Size: 24.60 MB
Format: PDF, ePub
View: 1987
Download and Read
This new Text, Cases and Materials adopts a modern approach to the law of tort, presenting the key cases and statutes alongside a selection of the most important critical writings on the law. A variety of critical perspectives (economic, leftist, feminist, etc) are explored. The aim throughout is to present tort law as a living entity, responding to contemporary stimuli at each stage of its development. Each section begins with a textual introduction by the authors; more detailed commentary follows the extracts. It will be useful both as a stand-alone coursebook and also as a traditional sourcebook supplementing an independent text. Tort Law is easier to follow and more suitable for use as a stand-alone coursebook than many of its competitors for several reasons. First, it includes a higher proportion of text to extracts; it also incorporates a greater number of extracts from critical writings on the law, thus representing a wider range of critical perspectives than are found in rival sourcebooks