Dear Colleagues:

 

Here is some information about two newly published books by Hart. Congratulations to Anthony Gray and Geert van Calster!

 

The Evolution from Strict Liability to Fault in the Law of Torts

Anthony Gray

 

Gradually, the law of tort has shifted away from a strict-liability approach to one where fault predominates.  This book charts important case law documenting this shift.  It seeks to understand how and why it occurred.  Given that the Rylands v Fletcher decision is typically seen as a prime exemplar of strict liability, it focusses particularly on that case, as part of the historical development of tort law.  It considers the intellectual arguments made in favour of strict liability, and for fault-based liability.  Having done so, it then focusses on particular areas of the law of tort, including nuisance, defamation and trespass.  It is somewhat anomalous that though most would view these as examples of torts of strict liability, fault considerations have become prominent in their application.  This presents an uneasy compromise, where torts that are notionally strict in nature are infused with fault considerations, often through exceptions or defences.  This book advocates for further development in the law of tort to better reflect a primarily fault-based approach to liability, at least in the common law.  This would make the law of tort more coherent.

 

Anthony Gray is Professor of Law at the University of Southern Queensland, Australia.

 

Feb 2021   |   9781509940998   |   384pp   |   Hbk   |    RSP: £80  

Discount Price: £64

Order online at www.hartpublishing.co.uk – use the code UG7 at the checkout to get 20% off your order!

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European Private International Law

Commercial Litigation in the EU

Geert van Calster

 

This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the European perspective in order to fully get to grips the subject.

Opening with foundational questions, it clearly explains the subject’s central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore the Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. The new edition includes a new chapter on the Hague instruments and an opening discussion on the impact of Brexit.

Drawing on the author’s rich experience, the new edition retains the book’s hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.

 

Geert van Calster is Professor Ordinarius and Head of the Department of International and European Law at KU Leuven.

 

Jan 2021   |   9781509942077   |   536pp   |   Pbk   |    RSP: £39.99  

Discount Price: £31.99

Order online at www.hartpublishing.co.uk – use the code UG7 at the checkout to get 20% off your order!

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Happy Reading,

 

Jason Neyers
Professor of Law
Faculty of Law
Western University
Law Building Rm 26
e. jneyers@uwo.ca
t. 519.661.2111 (x88435)