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Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature...
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The place of tort law -- Negligence (and strict liability) -- Recovery for physical harms : the case of medical malpractice -- Non-economic damage and primary victims -- Recovery of secondary victims for economic harm and emotional distress -- Compensation for pure economic loss -- Causation -- Products liability.
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In the turbulent arena of armed conflicts, Tort Liability in Warfare: States' Wrongs and Civilians' Rights emerges as a groundbreaking exploration of civilians' legal recourse against states for losses to life, bodily integrity, and property. With a fresh perspective informed by corrective justice, the law of war, and substantive rule of law principles, Haim Abraham constructs a novel framework for understanding the moral and legal obligation of states to civilians in the aftermath of combat, and proposes that existing domestic tort law could and should address wrongful losses in this context. This book boldly confronts the prevailing academic and legal orthodoxy which dismisses the applicat...
Elucidates the concept of causation in competition law damages and outlines its practical implications through relevant case law.