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This edition has been updated to incorporate the developments that have taken place in the law of tort. Although centred in English law, significant case law developments in other major Commonwealth jurisdictions are also considered.
Originally published in 1931, the lectures contained in this book trace the relationship between tortious obligation and other regions of the law, suggesting that the Common Law gains greatly in effectiveness by the absence of clearly marked barriers on the boundary of any one of the subjects analysed.
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This best-selling undergraduate textbook from leading academics Kirsty Horsey & Erika Rackley gives a comprehensive grounding in tort law and carefully chosen learning features help students to become engaged and critical thinkers. This lively and though-provoking account allows students to understand rather than simply learn the law. The problem questions in each chapter help students to understand how the law works in its practical context and to begin to consider potential issues and debates. Carefully chosen features such as 'counterpoint' and 'pause for reflection' boxes enable students to think more deeply and critically about the law. Online resources The text is accompanied by extensive online resources, which include: - Downloadable annotated judgments, statutes, and problem questions - Outline answers to questions in the book - Annotated web links to external web resources and videos - Flashcard glossary of legal terms used in the book - Additional content on elements of a claim in the tort of negligence and on product liability - Test bank of 200 questions and answers for lecturers' use in assessing students
The Law of the Other is an account of the English doctrine of the "mixed jury". Constable's excavation of the historical, rhetorical, and theoretical foundations of modern law recasts our legal and sociological understandings of the American jury and our contemporary conceptions of law, citizenship, and truth. The "mixed jury" doctrine allowed resident foreigners to have law suits against English natives tried before juries composed half of natives and half of aliens like themselves. As she traces the transformations in this doctrine from the Middle Ages to its abolition in 1870, Constable also reveals the emergence of a world where law rooted in actual practices and customs of communities is replaced by law determined by officials, where juries no longer strive to speak the truth but to ascertain the facts.