Defences in Tort

Andrew Dyson is an Assistant Professor in Private Law at the London School of Economics and Political Science.James Goudkamp is a Fellow of Keble College, Oxford and an Associate Professor in the Oxford Law Faculty.Frederick Wilmot-Smith is a Fellow by Examination at All Souls College, Oxford and Lecturer in Law at Balliol College.

All of the … contributions are thought-provoking and provide a much-needed theoretical perspectivethe book is essential reading for all private law scholars.[Defences in Tort] is the first in a series of works concerned with defences to liability arising in private law and if the future editions come anywhere close to the calibre of essays contained here one very much looks forward to reading the rest.

• A. General Issues and Themes 1. Central Issues in the Law of Tort DefencesANDREW DYSON, JAMES GOUDKAMP AND FREDERICK WILMOT-SMITH 2. Pleading Defences in Tort: The Historical PerspectiveDAVID IBBETSON 3. Defining ‘Defences’LUÍS DUARTE D’ALMEIDA 4. Tort Law’s Missing ExcusesJOHN CP GOLDBERG5. Duties to Try and Duties to SucceedSTEPHEN A SMITH 6. Balancing DefencesRODERICK BAGSHAW 7. Defences and Third Parties: Justifying ParticipationPAUL S DAVIES B. Specific Defences 8. Justifying Necessity as a Defence in Tort LawGRAHAM VIRGO 9. A Defence of Duress in the Law of Torts?JAMES EDELMAN AND ESTHER DYER 10. Nuisance, Planning and Regulation: The Limits of Statutory AuthorityDONAL NOLAN 11. Weaving the Law’s Seamless Web: Reflections on the Illegality Defence in Tort LawBEVERLEY McLACHLIN 12. The Doctrine of Illegality and Interference with ChattelsJAMES GOUDKAMP AND LORENZ MAYR 13. Should Contributory Fault be Analogue or Digital?ROBERT STEVENS 14. Assumption of Risk in a System of Strict Liability: Conceptual Tangles and Social ConsequencesRICHARD A EPSTEIN 15. Privacy Claims: Transformation, Fault, and the Public Interest DefenceBARBARA McDONALD 16. Some Recurring Issues in Relation to Limitation of ActionsANDREW BURROWS