A Theory of Tort Liability

This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Immanuel Kant's Metaphysics of Morals, the book shows that Kant's theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law. The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues that there are three general kinds of liability found in the law of tort: liability for putting another or another's property to one's purposes directly, liability for doing something to a third party that puts another or another's property to one's purposes, and liability for pursuing purposes in a way that improperly interferes with the ability of another to pursue her legitimate purposes. It terms these forms liability for direct control, liability for indirect control and liability for injury respectively. The result is a coherent, philosophical understanding of the structure of tort liability as an entire system. In developing its position, the book considers the laws of Australia, Canada, England and Wales, New Zealand and the United States.

Introduction Part I: Foundations 1. Moral Foundations 2. The General Theory of Liability 3. The Form of Liability in Tort Law Part II: Direct Control 4. Battery and Trespass to Property 5. Trespass in General 6. Defences to Trespass 7. Deceit Part III: Indirect Control 8. The Economic Torts in the Commonwealth: The Conventional View 9. Reconceptualising the Economic Torts 10. Interference with Contract in the US 11. Injurious Falsehood and Malicious Prosecution Part IV: Injury 12. The Law of Negligence Part V: Miscellaneous Issues Involving Control, Injury and Loss 13. The Law of Defamation 14. The Mind 15. Patient Consent and the Right to Self-determination 16. Conclusion