Private Law Theory

James Goudkamp, Tort Law Defences (2013). Who cares about tort defenses, or as Australian turned Englishman James Goudkamp spells it, “defences”? The decline in the potency of tort defenses over the last century, their only occasional use in actual litigation, their atrophy in contrast to the robust elements of negligence law, their lack of specificity to tort, their definition as second-tier questions, and their frequent specification by statute rather than common law — all have resulted in a fairly undersized group of interested scholars, according to Goudkamp. But for those of us who, nevertheless, maintain an interest in the topic, Goudkamp’s book is a must read … (more)

[Ellen Bublick, JOTWELL, 6 August]

First posted 2014-08-06 13:26:41