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Negligence and illegality

Erbacher, Sharon 2017, Negligence and illegality, Hart Publishing, Portland, Or..

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Title Negligence and illegality
Author(s) Erbacher, SharonORCID iD for Erbacher, Sharon orcid.org/0000-0001-8676-0171
Publication date 2017
Series Hart studies in private law
Total pages 256
Publisher Hart Publishing
Place of Publication Portland, Or.
Keyword(s) Law
Summary This book examines claims for compensation for negligently-inflicted harm connected to an illegal act of the plaintiff. A variety of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory doctrine. The book examines the illegality doctrine within a framework of corrective justice theory. Illegality doctrine poses particular difficulties for the corrective justice explanation of negligence law, especially where the basis for denial of relief is based on public policy considerations that are external to the relationship of the parties. The book argues that the only legitimate rationale for a doctrine of illegality is the legal policy of preserving the coherence of the legal system. In so doing it develops the work of Ernest Weinrib and Allan Beever to explain both how the 'policy' objective of legal coherence fits within the framework of corrective justice theory, and why legal coherence provides the only valid conceptual basis for a doctrine of illegality.
ISBN 9781509906666
9781509906673
9781509906680
Language eng
Field of Research 180126 Tort Law
180122 Legal Theory, Jurisprudence and Legal Interpretation
Socio Economic Objective 940401 Civil Justice
HERDC Research category A1 Books - authored - research
ERA Research output type A Book
Copyright notice ©2017, Sharon Erbacher
Persistent URL http://hdl.handle.net/10536/DRO/DU:30091067

Document type: Book
Collection: Law
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