James Goudkamp's Books

Tort Law Defences

By: James Goudkamp

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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.

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Page Count

422

Publisher

A&C Black

Published Date

ISBN 10

1782251898

ISBN 13

9781782251897

Atiyah's Accidents, Compensation and the Law

By: Peter Cane,James Goudkamp

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Atiyah's Accidents, Compensation and the Law

By: Peter Cane,James Goudkamp

Now in its ninth edition, Atiyah's Accidents, Compensation and the Law explores the recent and continuous developments in personal injury law by applying social context to the relevant legal principles. Those principles remain in need of radical reform. Updates to the text include discussion of the major changes to the way compensation is calculated and claimed, evolving funding arrangements for personal injury litigation, and dramatic shifts in the claims management industry. Suitable for both undergraduate and postgraduate students taking courses in tort law, this new edition balances theory, practice and context. It draws on new legislation, research and case law to offer the reader thought-provoking examples and analysis.

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Page Count

535

Publisher

Cambridge University Press

Published Date

ISBN 10

1108369502

ISBN 13

9781108369503

Tort Law Defences

By: James Goudkamp

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Tort Law Defences

By: James Goudkamp

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Page Count

270

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1782253505

ISBN 13

9781782253501

Contributory Negligence in the Twenty-First Century

By: James Goudkamp,Donal Nolan

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Contributory Negligence in the Twenty-First Century

By: James Goudkamp,Donal Nolan

Despite the centrality of the contributory negligence doctrine in practice, almost nothing is known about how it functions in reality. The authors, seeking to fill this deficit in understanding, have undertaken a wide-ranging empirical study of how the doctrine is handled by the courts. They report their methodology and findings in this volume, framing their discussion within the law of contributory negligence. The study is based on 572 first instance decisions on contributory negligence from across the United Kingdom decided between 2000 and 2016, and 129 appellate decisions handed down in the same period. The analysis considers the operation of the contributory negligence doctrine at first instance and on appeal, and in a range of contextual settings, including road accidents, accidents at work, and professional negligence claims. The authors also consider how the study can be used to inform future developments in this area of law. Substantial appendices set out the key data on which the book is based, enabling academics to utilize the dataset in their own research and allowing practitioners to compare their cases easily with previously decided claims.

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Page Count

292

Publisher

Oxford University Press

Published Date

ISBN 10

0192545434

ISBN 13

9780192545435

The Duty of Care in Negligence

By: James Plunkett

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The Duty of Care in Negligence

By: James Plunkett

This book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. A new structure through which duty problems can be analysed is also proposed. It is hoped that the book provides some fresh insights and clarity of the concept to the reader.

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Page Count

251

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1509914854

ISBN 13

9781509914852

An Introduction to the Comparative Study of Private Law

Readings, Cases, Materials

By: James Gordley,Hao Jiang,Arthur Taylor von Mehren

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An Introduction to the Comparative Study of Private Law

Readings, Cases, Materials

By: James Gordley,Hao Jiang,Arthur Taylor von Mehren

Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.

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Page Count

735

Publisher

Cambridge University Press

Published Date

ISBN 10

1108835848

ISBN 13

9781108835848

Common Law and Civil Law Perspectives on Tort Law

By: Mauro Bussani,Anthony James Sebok,Marta Infantino

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Common Law and Civil Law Perspectives on Tort Law

By: Mauro Bussani,Anthony James Sebok,Marta Infantino

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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Page Count

297

Publisher

Oxford University Press

Published Date

ISBN 10

019536838X

ISBN 13

9780195368383

The Modern Law of Contract

By: Richard Stone,James Devenney

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The Modern Law of Contract

By: Richard Stone,James Devenney

Written by an author team with over sixty years of combined teaching experience, the new edition of The Modern Law of Contract is the complete textbook for students of contract law, providing not only clear and authoritative commentary but also a selection of learning features to enable students to engage actively with the law. The 15th edition has been fully updated to address recent developments in contract law, including the Supreme Court judgments in Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2023] UKSC 2, Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29, Barton v Gwyn-Jones [2023] UKSC 3 and Pakistan International Airline Corp v Times Travel (UK) Ltd [2021] UKSC 40. It offers a carefully tailored overview of all key topics for LLB and GDL courses, and includes a number of learning features designed to enhance comprehension and aid exam preparation, including: boxed chapter summaries that offer a useful checklist for students, and illustrative diagrams to clarify difficult concepts ‘Key cases’ that highlight and contextualise the most significant cases ‘For thought’ features that ask ‘what if’ scenarios ‘In focus’ features that provide critical commentary on the law Also including further reading at the end of each chapter and digital learning resources, The Modern Law of Contract enables undergraduate and postgraduate students not only to fully understand the essential details of contract law but also to develop a profound and critical understanding of this fundamental area.

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Page Count

594

Publisher

Taylor & Francis

Published Date

ISBN 10

1040090117

ISBN 13

9781040090114

Unjust Enrichment

By: James Edelman,Elise Bant

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Unjust Enrichment

By: James Edelman,Elise Bant

Unjust enrichment is one of the least understood of the major branches of private law. This book builds on the 2006 work by the same authors, which examined the developing law of unjust enrichment in Australia. The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten. The scope of the book is also much broader. It concerns the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada. Major decisions of the highest courts of these jurisdictions in the last decade provide a fertile basis for examining the underlying principles and foundations of this subject. The book uses the leading cases, particularly in England and Australia, to distil and explain the fundamental principles of this branch of private law. The cases discussed are current as of 1 May 2016 although the most recent could only be included in footnotes.

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Page Count

477

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1782255621

ISBN 13

9781782255628

Vicarious Liability in the Sports Industry

By: James Brown

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Vicarious Liability in the Sports Industry

By: James Brown

This timely book is the first to critically examine the doctrine of vicarious liability in the context of the sports industry. Drawing on theoretical, empirical and interdisciplinary research, the book focuses on the close connection test at stage two of vicarious liability, highlighting how vicarious liability could be used to hold sports employers strictly liable for a wide range of on-the-field and off-the-field harms committed by their athletes. It considers the extent to which vicarious liability might be applied to clubs and sporting organisations for personal injuries and racial abuse suffered by participants during competition, and examines whether employers in the sports industry ought to be held vicariously liable for the sexual assault of young athletes and women away from the field. This book is important reading for any student, researcher or practitioner interested in sports law, tort law, private law theory, socio-legal studies, jurisprudence, gender studies and sports ethics.

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Page Count

128

Publisher

Taylor & Francis

Published Date

ISBN 10

1040108873

ISBN 13

9781040108871

Atiyah's Accidents, Compensation and the Law

By: Peter Cane,James Goudkamp

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Atiyah's Accidents, Compensation and the Law

By: Peter Cane,James Goudkamp

This book applies social context to offer an understanding of the law concerning accidents, personal injury and death.

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Page Count

535

Publisher

Cambridge University Press

Published Date

ISBN 10

1108431747

ISBN 13

9781108431743

Landmark Cases in the Law of Punitive Damages

By: James Goudkamp,Eleni Katsampouka

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Landmark Cases in the Law of Punitive Damages

By: James Goudkamp,Eleni Katsampouka

Punitive damages are private law's most controversial remedy. This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States. Many of the decisions addressed are not only landmarks regarding punitive damages but are among the most important judgments delivered in private law more generally. The essays, which are written by leading scholars from a wide range of jurisdictions, cast new light on the cases covered. They do so by examining their historical antecedents and the impact that they have had on the development of the law. The full spectrum of issues regarding punitive damages is addressed including the insurability of punishment, constitutional constraints on the remedy's availability and whether the award should be confined to particular causes of action. The collection will be of interest to all scholars and students of private law. It concentrates on common law cases although civilian perspectives, drawn from France and Germany, are also offered.

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Page Count

409

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1509967028

ISBN 13

9781509967025

Contributory Negligence in the Twenty-First Century

By: James Goudkamp,Donal Nolan

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Contributory Negligence in the Twenty-First Century

By: James Goudkamp,Donal Nolan

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Page Count

292

Publisher

Oxford University Press

Published Date

ISBN 10

0192545434

ISBN 13

9780192545435

Winfield and Jolowicz on Tort

By: Edwin Peel,Sir Percy Henry Winfield,John Anthony Jolowicz,James Goudkamp

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Winfield and Jolowicz on Tort

By: Edwin Peel,Sir Percy Henry Winfield,John Anthony Jolowicz,James Goudkamp

The authors focus on English law but cover significant developments in Commonwealth countries, and, where appropriate, European systems of tort law. They offer an understanding of the purpose of tort law and also detail the rules and principles that make up tort law and explain how the law has developed.

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Page Count

1336

Published Date

ISBN 10

0414025652

ISBN 13

9780414025653

Book's by James Goudkamp

Tort Law Defences

Tort Law Defences

Atiyah's Accidents, Compensation and the Law

Atiyah's Accidents, Compensation and the Law

Tort Law Defences

Tort Law Defences

Contributory Negligence in the Twenty-First Century

Contributory Negligence in the Twenty-First Century

The Duty of Care in Negligence

The Duty of Care in Negligence

An Introduction to the Comparative Study of Private Law

An Introduction to the Comparative Study of Private Law

Common Law and Civil Law Perspectives on Tort Law

Common Law and Civil Law Perspectives on Tort Law

The Modern Law of Contract

The Modern Law of Contract

Unjust Enrichment

Unjust Enrichment

Vicarious Liability in the Sports Industry

Vicarious Liability in the Sports Industry

Atiyah's Accidents, Compensation and the Law

Atiyah's Accidents, Compensation and the Law

Landmark Cases in the Law of Punitive Damages

Landmark Cases in the Law of Punitive Damages

Contributory Negligence in the Twenty-First Century

Contributory Negligence in the Twenty-First Century

Winfield and Jolowicz on Tort

Winfield and Jolowicz on Tort

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