Unravelling Tort and Crime
About this book
Tort law and criminal law are closely bound together but their relationship rarely receives sustained and rigorous scrutiny. This is the first significant project in England and Wales to address that shortcoming. Building on growing interest amongst both academics and practitioners in the relationship between tort and crime, it draws together leading experts to chart the field and explore key points of interest. It uses a range of perspectives from legal theory, doctrine, legal history and comparative law to address some of the most important and interesting links between tort and crime. Examples include how the illegality defence operates to avoid stultification of the law, the difference between criminal and civil causation, how the Motor Insurers' Bureau not only insures but acts to enforce laws and alter behaviour, and why civil law only very rarely restores specific property but the criminal law does it daily.
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Information
Table of contents
- Cover
- Half-title
- Title page
- Copyright information
- Table of contents
- Contributors
- Foreword
- Preface
- Table of cases
- Table of legislation
- 1 Disentangling and organising tort and crime
- 2 Policing tort and crime with the MIB: remedies, penalties and the duty to insure
- 3 Tort law and criminal law in an age of austerity
- 4 Wrongs and responsibility for wrongs in crime and tort
- 5 Private rights and public wrongs
- 6 Torts, crimes and vindication: whose wrong is it?
- 7 Illegality's role in the law of torts
- 8 Defences in tort and crime
- 9 Causation in tort law and criminal law: unity or divergence?
- 10 Complicity
- 11 Civil liability for crimes
- 12 Consent and assumption of risk in tort and criminal law
- 13 The interaction of crime and delict in Scotland
- 14 The properties of the law: restoring personal property through crime and tort
- Index