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.

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

The scope of vicarious liability has significantly expanded since its original conception. Today employers are being found liable for actions of employees that they did not authorise, and never would have authorised if asked. They are being held liable for an employee's criminal activity. In the related strict liability field of non-delegable duties, they are being held liable for wrongdoing of independent contractors. Notions of strict liability have grown increasingly isolated in the law of tort, given the exponential growth in the tort of negligence. They require intellectual justification. Such a justification has proven to be elusive and largely unsatisfactory in relation to vicarious liability and to concepts of non-delegable duty. The law of three jurisdictions studied has now apparently embraced the 'enterprise risk' theory to rationalise the imposition of vicarious liability. This book subjects this theory to strong critique by arguing that it has many weaknesses, which the courts should acknowledge. It suggests that a rationalisation of the liability of an employer for the actions of an employee lies in more traditional legal doctrine which would serve to narrow the circumstances in which an employer is legally liable for a wrong committed by an employee.

Critique and Reform

Vicarious Liability

Get quick answers for developing and debugging applications with Swift, Apple’s multi-paradigm programming language. Updated to cover the latest features in Swift 2.0, this pocket reference is the perfect on-the-job tool for learning Swift’s modern language features, including type safety, generics, type inference, closures, tuples, automatic memory management, and support for Unicode. Designed to work with Cocoa and Cocoa Touch, Swift can be used in tandem with Objective-C, and either language can call APIs implemented in the other. Swift is still evolving, but Apple clearly sees it as the future language of choice for iOS and OS X software development. Topics include: Supported data types, such as strings, arrays, array slices, sets, and dictionaries Program flow: loops, conditional execution, and error handling Classes, structures, enumerations, and functions Protocols, extensions, and generics Memory management Closures: similar to blocks in Objective-C and lambdas in C# Optionals: values that can explicitly have no value Operators, operator overloading, and custom operators Access control: restricting access to types, methods, and properties Ranges, intervals, and strides A full list of built-in global functions and their parameter requirements

Programming for iOS and OS X

Swift Pocket Reference

This book considers how legislatures have undermined the presumption of innocence and how courts have largely accepted it. It argues criminal law needs to return to notions of moral comfort as the basis for determining whether a person is guilty, and only impose criminal sanctions when there is sufficient, moral blame.

A Comparative Critical Perspective

Presumption of Innocence in Peril

Using several common law jurisdictions, including the United States, Canada, Australia, the United Kingdom, and Europe, this book examines various rationales for freedom of speech and the extent to which the law protects it, the important similarities and differences in jurisprudence, and what these systems can learn from each other.

Comparison and Critique

Freedom of Speech in the Western World

The Lexicon: The Consecrated Words of the Wiccan Praetorian

Paris Buttfield-Addison

Jon Manning

What will you learn from this book? Apple's new modern programming language, Swift, is slowly becoming the "go to" language for iOS and OS X development. The language will attract existing developers because of its modern features and prototyping tools, and it will attract new developers because of its less-steep learning curve. That said, Swift is deep, and contains many advanced concepts, constructs, and patterns. Developers need a way to learn these new features and understand them in context. Head First is an effective vehicle for this level of teaching, and Head First Swift is no exception. Why does this book look so different? Based on the latest research in cognitive science and learning theory, Head First Swift uses a visually rich format to engage your mind, rather than a text-heavy approach that puts you to sleep. Why waste your time struggling with new concepts? This multi-sensory learning experience is designed for the way your brain really works.

Anthony Gray

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