Law of Misstatements 50 Years on from Hedley Byrne v Heller
Produktdetaljer
Om bidragsyterne
Kit Barker is Professor of Law and Ross Grantham is Professor of Commercial Law, both of the TC Beirne School of Law, the University of Queensland.
Warren Swain is Professor, Faculty of Law, University of Auckland and Professor, TC Beirne School of Law, University of Queensland.
Characterised by a comparative approach, <i>The Law of Misstatements</i> will be relevant to any lawyer interested in these fundamental issues of private law, even outside of the common law jurisdictions. (Translated from original French)
- ED, Revue trimestrelle de droit civil
What is most exciting about this volume is its demonstration of the broader debate on tort; in deconstructing one small element of tortious liability on the fringes of our accepted bounds of liability, it has rehearsed with new clarity the unrest and instability at the heart of tort jurisprudence.
- Nicholas Hoggard, Journal of Professional Negligence
All the essays are of the highest quality, and the book is to be warmly recommended to all readers interested in <i>Hedley Byrne v Heller </i>and its implications, or in private law more generally.
- Stephen Waddams, University of Toronto, Journal of Contract Law
Part 1: Issues
1. Hedley Byrne v Heller : Issues at the Beginning of the Twenty-First Century
Kit Barker
Part 2: History, Concepts and Theory
2. Hedley Byrne v Heller in Australia: ‘Never has there been such a Judicial Jamboree ’
Warren Swain
3. The Assumption of Responsibility
Andrew Robertson and Julia Wang
4. The Basis of the Hedley Byrne Action
Allan Beever
5. The Curious Incident of the Dog that did Bark in the Night-Time: What Mischief does Hedley Byrne v Heller Correct?
David Campbell
Part 3: Intersections and Distributions of Liability
6. Equity as Tort?
Paul Finn
7. Limitations on Defendant Liability for Misleading or Deceptive Conduct Under Statute: Some Insights from
Negligent Misstatement
Elise Bant and Jeannie Paterson
8. Advisor Liability: Claims for Contribution or Reimbursement Between an Advisor and the Advisee’s Contract-Partner
Sirko Harder
Part 4: Comparative Perspectives
9. What are We Doing Here? The Relationship Between Negligence in General and Misstatements in English Law
Christian Witting
10. Negligent Misstatement in the United States
Jay M Feinman
11. Hedley Byrne : Misused, then Exiled by the Supreme Court of Canada
Bruce Feldthusen
12. Liability Under Hedley Byrne for ‘Pre-Contract’
Negligent Misrepresentation: A New Zealand Perspective
David McLauchlan
13. Negligent Misstatement in Australia— Resolving the Uncertain Legacy of Esanda
Kit Barker
Unrivalled scholarship examining the fundamental doctrines and principles of private law.
This monograph series brings together in one place two types of book: works which examine in-depth the fundamental doctrines and principles of private law, and works which engage with the theoretical underpinnings of private law. The series thus aims to contribute to ever-evolving debates about the nature of private law such as problems of classification and taxonomy, remedies, the relationship with public law and the boundaries of private law generally.
The series includes, but is not confined to, works on contract, tort, unjust enrichment, equity, property and the conflict of laws, welcoming work which intersects with other fields of study to enable a deeper understanding of private law theory and practice.
Produktdetaljer
Om bidragsyterne
Kit Barker is Professor of Law and Ross Grantham is Professor of Commercial Law, both of the TC Beirne School of Law, the University of Queensland.
Warren Swain is Professor, Faculty of Law, University of Auckland and Professor, TC Beirne School of Law, University of Queensland.