Emerging Issues in Tort Law

Jason W. Neyers is an Associate Professor of Law at the University of Western Ontario. Erika Chamberlain is Assistant Professor of Law at the University of Western Ontario. Stephen G.A. Pitel is an Associate Professor at the Faculty of Law at the University of Western Ontario. He has been an author or editor of six books in the past four years, including Litigating Conspiracy: An Analysis of Competition Class Actions. His teaching and research is focused on international commercial litigation, torts, civil procedure, and unjust enrichment.

The sheer breadth of knowledge and experience exhibited by the writers makes the book an exceptionally good read for practitioners, judges and academics alike-indeed anyone with an interest in tort law...a pot pourri of well-written and thoughtfully argued pieces by many of the foremost authorities in the field...highly recommended. Margaret Fordham Singapore Journal of Legal Studies December 2007 ...an essential companion for the modern tort lawyer. What is more, it makes for fascinating reading: not only does it draw upon the combined experience and wisdom of over 20 lawyers and scholars, but its editors have ensured that its substantive coverage is broad and yet coherently presented. Sarah Green The Cambridge Law Journal One does not usually see in one book articles written by common law's leading scholars on the broad spectrum of issues affecting modern Tort law...I would be interested to read the articles again in a few years time and expect to be marveled by the accuracy of some predictions. This volume is much more than a collection of conference proceedings and would likely become one of the definitive reference texts on the subject for many years to come. Alexandra Lo, Dak Wai The Hong Kong Law Journal Vol 38, Part 3 The list of contributors to this excellent collection reads like a roll-call of leading tort scholars in the common law world...The editors are to be congratulated on putting together such a stimulating and diverse volume of essays. Ken Oliphant Yearbook of European Tort Law 2007

• IntroductionJASON W NEYERS, ERIKA CHAMBERLAIN AND STEPHEN G A PITEL1. General and Special Tort Law: Uses (and Abuses) of TheoryPETER CANE2. Breach of Statute and Tort LawLEWIS N KLAR3. ‘Sois Sage’— Responsibility for Childishness in the Law of Civil WrongsSHAUNA VAN PRAAGH4. Claims of Involuntary Parenthood: Why the Resistance?ELIZABETH ADJIN-TETTEY5. Liability for Psychiatric Damage: Searching for a Path between Pragmatism and PrincipleMICHAEL A JONES6. Should White v Jones Represent Canadian Law: A Return to First PrinciplesPETER BENSON7. Breaches of Contracts and Claims by Third PartiesSTEPHEN WADDAMS8. Policy Issues in Defective Property CasesSTEPHEN TODD9. Defective Structures and Economic Loss in the United States: Law and PolicyDAVID F PARTLETT10. Harm Screening Under Negligence LawISRAEL GILEAD11 Acts and Omissions as Positive and Negative CausesRICHARD W WRIGHT12 Decision Causation: Pandora’s Tool-BoxVAUGHAN BLACK13 Non-Delegable Duties and Vicarious LiabilityROBERT STEVENS14 Juridical Foundations of Common Law Non-Delegable DutiesJOHN MURPHY15 Perish Vicarious Liability?DAVID R WINGFIELD16 Comparative Perspectives on Vicarious Liability: Defining the Scope of EmploymentPAULA GILIKER17 What is a Loss?ANDREW TETTENBORN18 The Changing Face of the Gist of NegligenceKUMARALINGAM AMIRTHALINGAM19 Tort Law in Practice: Appearance and Reality in Reforming Periodical Payments of DamagesRICHARD LEWIS20 The Structure of the Intentional TortsKEN OLIPHANT21 The Role of Intention in the Tort in Wilkinson v DowntonDENISE RÉAUME22 Where Principle Meets Pragmatism: Tort Law in Post-Colonial Hong KongRICK GLOFCHESKI