From: Jason W
Neyers <jneyers@uwo.ca>
Sent: Tuesday
29 October 2024 16:56
To: obligations
Subject: ODG: Just
Published, Omissions in Tort Law
Dear
Colleagues:
Congratulations
go out to ODGer Sandy Steel on the recent publication of Omissions in Tort
Law with OUP: https://global.oup.com/academic/product/omissions-in-tort-law-9780198866596?cc=et&lang=en&#.
From the
description:
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.
The
discount code ALAUTHC4 gives a 30% discount on the book when ordered from
the OUP
website.
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)
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