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Omissions in Tort Law by Sandy Steel (Professor of Law, Professor of Law, University of Oxford) at Abbey's Bookshop,
Omissions in Tort Law
— —
Sandy Steel (Professor of Law, Professor of Law, University of Oxford)

Omissions in Tort Law

Sandy Steel (Professor of Law, Professor of Law, University of Oxford)

$230.95

Hardback

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English
Oxford University Press
28 November 2024
Civil codes & Civil law; Torts Law
Series: Oxford Private Law Theory
Whether or not a person has a positive duty to prevent harm is both a complex and fundamental question in English tort law. There is a distinction drawn between doing harm and failing to prevent it, between acts and omissions. However, there are instances in which a failure to act can have legal consequences. Omissions in Tort Law analyses the justification for the lack of a general positive duty to prevent harm and argues that it is not best understood in terms of the distinction between acts and omissions, but in terms of making things worse versus not making things better. It considers when the law will and should impose duties to improve another's position. It provides novel conceptual analyses of the basic concepts that inform the imposition of positive duties, such as creation of risk, interfering with aid, assuming responsibility, controlling a source of risk, and the normative considerations that underpin them. In addition, it addresses the ways in which the law differentiates between actively causing harm and failing to protect from harm, and makes recommendations as to how the law could be improved.

Exploring the ways in which conceptions of morality intersect with legal obligations, Omissions in Tort Law offers a detailed and nuanced perspective on omissions and positive duties, including scope, justification, and potential areas for change.
By:  
Imprint:   Oxford University Press
Country of Publication:   United Kingdom
Dimensions:   Height: 240mm,  Width: 160mm,  Spine: 22mm
Weight:   606g
ISBN:   9780198866596
ISBN 10:   0198866593
Series:   Oxford Private Law Theory
Pages:   304
Publication Date:  
Audience:   Professional and scholarly ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active

Sandy Steel has been a Fellow of Wadham College, Oxford, since 2014, and Professor of Law and Philosophy of Law at the University of Oxford since 2021. His work focuses on foundational issues in private law, including causation, the moral basis of duties to compensate, the relationship between remedies and self-defence, and the role of fault. His other books include Proof of Causation in Tort Law (CUP, 2015), and co-authored with Nick McBride, Great Debates in Jurisprudence (2nd edn, 2018).

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