James Goudkamp

Mark Lunney

Leighton McDonald

This book celebrates the scholarship of Peter Cane. The significance and scale of his contributions to the discipline of law over the last half-century cannot be overstated. In an era of increasing specialisation, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is written by admirers of Cane's work, and the essays probe a wide range of issues, especially in administrative law and tort law. Consistently with the international prominence that Cane's research has enjoyed, the contributors are drawn from across the common law world. The volume will be of value to anyone who is interested in Cane's towering contributions to legal scholarship and administrative law and tort law more generally.

Essays in Honour of Peter Cane

Taking Law Seriously

"This book celebrates the scholarship of Peter Cane, who is one of the world's leading legal scholars of the present age. The significance and scale of his contributions to learning regarding the law over the last half-century cannot be overstated. The very high standing of his work is reflected both in the extent to which other academics have engaged with it, and the regard in which it is held by the senior judiciary in several countries. In an era of increasing specialisation among lawyers, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is comprised of essays written by admirers of Cane's scholarship. The essays probe a wide range of issues, especially in administrative law and tort law, that have long concerned him. Consistently with the international prominence that Cane's research has enjoyed, the contributors are drawn from across the common law world. Their essays will be of value to anyone who is interested in Cane's unique contribution to private and public law scholarship."--

The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.

Tort Law Defences

Andrew Dyson

Frederick Wilmot-Smith

This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law, and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.

Defences in Tort

Paul S Davies

Simon Douglas

This book is the fourth in a series of essay collections on defences in private law. It addresses defences to liability arising in equity. The essays range from those adopting a mainly doctrinal perspective to others that explore the law from a more philosophical perspective. Some essays concentrate on specific defences, while others are concerned with the links between defences, or with how defences relate to the structure of the law of equity generally. One aim of the book is to shed light on equitable doctrines by analysing them through the lens of defences. The essays offer original contributions to this complex, important but neglected field of scholarly investigation. The contributors – judges, practitioners and academics – are all distinguished jurists. The essays are addressed to all of the major common law jurisdictions.

Defences in Equity

This book is the third in a series of essay collections on defences in private law. It addresses defences to liability arising in contract. The essays range from those adopting a predominantly black-letter approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while others are concerned with the links between defences, or with how defences relate to the structure of contract law generally. One goal of the book is to determine what light can be shed on contract law doctrines by analysing them through the lens of defences. The contributors – judges and academics – are all leading jurists. The essays are addressed to all of the major common law jurisdictions.

Defences in Contract

Simone Degeling

James Edelman

TORTS IN COMMERCIAL LAW guides practitioners through a complex, difficult and controversial area of the law, offering a resource illuminating the many particular and difficult issues at this intersection. The third volume in a compelling "commercial law library", accompanying Equity in Commercial Law and Unjust Enrichment in Commercial Law, this new book will be turned to frequently. Based on the papers presented at the international conference, "Torts in Commercial Law 2010", this book brings together in one volume a series of chapters from a team of prestigious contributors analysing the interaction of common law and equity in commercial law. Its unique strength is its sustained examination and the conceptual unity that it brings to the subject matter. The world's leading experts - practitioners, judges and academics - provide unique commentary in this key area of the law. Contents Introduction Part I: General Themes and Directions Part II: Economic Torts and Economic Loss Part III: Insurance and the State Part IV: Causation, Damages and Defences Contributors include The Hon Justice James Allsop, Associate Professor Kit Barker, Professor Andrew Burrows QC FBA, Associate Professor Simone Degeling, Dr Simon Douglas, The Hon Justice James Edelman, The Hon Chief Justice Robert French AC, Professor Mark Gergen, Dr James Goudkamp, The Hon Sir Grant Hammond KNZM, The Rt Hon Lord Hoffmann PC, Professor Lewis Klar, Professor Barbara McDonald, Associate Professor Jason Neyers, Professor Jane Stapleton, Professor Robert Stevens, Professor Jenny Steele, Mr William Swadling, Professor Stephen Todd and Professor Prue Vines.

James Goudkamp

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