Fleming's the Law of Torts
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By: John G. Fleming
"The Law of Torts has been influential in shaping the law in the major common law jurisdictions." - Sir Anthony Mason AC KBE. THE LAW OF TORTS by Professor John Fleming is distinguished throughout the world of tort scholarship as a work of enormous significance. This is the first edition of this title since Professor Fleming's passing in 1997. It has been a daunting challenge to undertake the work involved in updating this text. The editors have brought together a preeminent group of torts scholars from around the common law world to contribute to this new edition. Major new developments include the impact of tort reform processes; the impact of human rights instruments on tort law; the contraction of liability, with the impact of civil liability legislation with its emphasis on personal autonomy; the new consumer law legislation; and the new uniform defamation code. The key strength of FLEMING'S THE LAW OF TORTS,10th Edition is its examination, and elucidation, of legal principle. This text is known for its distillation of the essence of tort legal principles and its critical evaluation of them. Professor Fleming had an unflinching belief that no legal system is superior to any other. He combed the corners of the common law and civil law world in the search for answers. The new edition aims to continue John Fleming's breadth of vision.
AI Overview
"Fleming's The Law of Torts" by John G. Fleming is a seminal work in the field of tort law, providing a comprehensive and intellectually challenging exposition of the law pertaining to liability for tortious conduct. Here is a detailed overview of the book:
Key Themes
- Nature of Tort Law: The book explores the concept of tort law, its history, and its development, offering a foundational understanding of the subject.
- Intentional Torts: Fleming discusses intentional torts, including assault, battery, and false imprisonment, providing a detailed analysis of these actions.
- Negligence: The author provides an in-depth analysis of negligence, covering the duty of care, breach, and causation. This section is crucial for understanding the core principles of tort law.
- Strict Liability: The book examines strict liability, including liability for animals and products. This section delves into the concept of liability without fault.
- Remedies: Fleming discusses the various remedies available in tort law, including damages, injunctions, and restitution. This section is essential for understanding how tort law is applied in practice.
Plot Summary
The book is divided into two distinctive parts. The first part adopts the classic outline of general works on torts, starting with a theoretical discussion of the nature of the law of torts. It then presents a sequential analysis of the three major conduct-oriented bases of liability: intentional wrongs, negligence, and torts of strict liability.
The second part of the book, under the heading "Miscellaneous Torts," explores various other types of torts, including nuisance, defamation, invasion of privacy, trespass to land, conversion, and economic torts. Each chapter provides a detailed examination of these topics, ensuring a comprehensive coverage of the subject matter.
Critical Reception
"Fleming's The Law of Torts" has been widely praised for its comprehensive and penetrating analysis of tort law. The book is considered a seminal treatise on the subject, providing both students and legal professionals with a detailed overview of the main themes and key concepts in tort law.
The eighth edition of the book, as noted in one review, has been a timely and important update, reflecting the evolving nature of tort law and its applications in various jurisdictions. The functional analysis approach adopted by Fleming, as opposed to the conceptual approach of earlier works like Salmond and Winfield, has been particularly influential in shaping modern tort law scholarship.
Overall, "Fleming's The Law of Torts" is a foundational text in the field of tort law, offering a rich and intellectually challenging exploration of the subject that continues to be relevant and influential in legal academia and practice.