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McMahon B: McMahon and Binchy on the Law
of Torts

McMahon and Binchy on the Law of Torts

Criminal Law - Sentencing, Procedure and Key Offences

Hart Studies in Private Law

Performance Based-Awards in English Law

Substitutive Remedies

Gambling Law in Ireland

The edited volume explores the building blocks of the new EU Product Liability Directive. Offering normative and comparative perspectives, it examines its role within the broader legislative framework. The volume also looks specifically at its application to artificial intelligence. Rigorous and comprehensive, it is a magisterial overview of this transformational legislation.

Doctrinal, Comparative and Interdisciplinary Approaches

The 2024 Product Liability Directive

This ambitious and important book explores the new concept of the doctor-patient relationship, told from the private law perspective. The doctor-patient relationship differs from others in negligence law. Doctors are required to take positive action and, therefore, can be held liable for omissions. However, because actionable damage is almost exclusively confined to physical injury, the significance of a doctor's liability for failing to confer a benefit has gotten lost along the way. This aspect of the doctor's positive duty is overlooked in both the case law and the literature - and, this book identifies it as the principal barrier to protecting interests other than bodily integrity in medical negligence law. The book sets out a novel theoretical framework in which the reconceptualised doctor's 'positive duty to take care' of a patient's interests justifies an expanded concept of actionable damage beyond physical injury - ensuring that the reasons for requiring doctors to act positively are carried through to the damage enquiry. The book identifies that the leading cases causing challenges to coherency in medical negligence are those involving patient choice: Rees v Darlington Memorial Hospital, McFarlane v Tayside Health Board, Meadows v Khan, ACB v Thomson Medical Pte Ltd, Chester v Afshar, Montgomery v Lanarkshire Health Board, Gregg v Scott, and Philp v Ryan. Rather than treating patient autonomy as a source of doctrinal difficulty, this book offers a new way of thinking about the doctor-patient relationship to accommodate autonomy related interests and real world effects of medical negligence separate from physical injury. The theoretical account of the doctor's positive duty and its consequences for actionable damage reveals what is distinctive about the doctor-patient relationship amongst other relationships giving rise to liability for omissions. It suggests how novel harms in medical negligence might be accommodated - including the potential for tort law in this area to reflect fundamental values in constitutional rights in Ireland and ECHR rights in the UK, and how the non-pecuniary losses could be quantified and compensated. While common law of Ireland and the UK takes centre stage, the analysis draws on other common law jurisdictions and on Irish constitutional law.

A Doctor’s Duty to Take Care

Redefining the Medical Negligence Action

Provides a comprehensive guide for those advising upon, and dealing with, the civil liability and professional discipline of valuers/surveyors, estate agents and auctioneers. 

Written by leading practitioners in the field, it deals with a variety of topics, from general principles to specific situations, providing practical guidance to the regulatory and procedural aspects.

The work commences with an overview of the law of professional liability insofar as that is pertinent to the professions in question and goes on to focus upon particular issues in relation to litigation which require special attention in claims of this kind. It considers the individual professions in question, providing a detailed account of the legal principles and the case-law applicable to their civil and (in the case of estate agents) their criminal liability.

This title is included in Bloomsbury Professional's Professional Negligence Law online service.

Property Professionals’ Negligence and Liability

This innovative work offers a new perspective on the established tort of misuse of private information, contending that English law has evolved a sophisticated mechanism for the protection of privacy and the protection of the economic value in private information. Although information generally is not property, private information now appears to be treated by English law as a form of property, giving the owner of the information rights of exclusion, exploitation and transfer. Balancing philosophical discussion of the fundamentals with a detailed analysis of the practical difficulties of "propertising" information, the book suggests that English law has evolved a powerful tool for the protection of privacy in this data-driven world.

Privacy as Property

Divorce, Judicial Separation, Civil Partnership and Cohabitation Proceedings in the Circuit Court

Previously known as Drafting Agreements in the Biotechnology and Pharmaceutical Industries, this title provides precedent agreements for the main types of commercial transaction encountered in the life sciences, biotechnology and pharmaceutical industries. In addition to the print version, each precedent is available via an accompanying website in a format which can be easily downloaded and edited. Detailed commentary on legal, commercial and practice issues accompanies every precedent. Provided by specialist lawyers from across Europe, this commentary also highlights important differences between English law and that of other key EU jurisdictions: Germany, France, the Netherlands, Spain and Sweden. Commentary on specific considerations for the US is also provided. In addition to precedent commentaries, the book also contains detailed commentary and discussion of legal issues common to the life sciences, biotechnology and pharmaceutical industries, as well as links to relevant materials (eg regulatory materials on clinical trials). This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

Drafting Agreements in Life Sciences

"Harry Bucknall leads us through the multicultural history of our island, with its diverse history and extraordinary quirkiness. Up fell and down river, across walls and dykes, from Iona to Dover, you are in safe hands as he steers a course of over 6,000 miles. A Road for All Seasons is a joy." Julie Summers "The kind of travel book that makes you want to lace up sensible boots and set off immediately" - The Halpern HotlistA journey of 6,518 miles, that filled 14 notebooks and encompassed all 4 countries of the United Kingdom, travelling through 42 out of its 95 counties, visiting 23 cities; requiring 75 trains, 60 maps, 26 cars, 16 buses, 9 ferries, 4 tubes, 4 uber taxis, 4 black cabs, 2 DLR, 2 vans, a canal boat, a probation service minibus, an intercontinental articulated lorry, a 1953 Morris Oxford and a pair of size 9 boots ... A tumultuous period in British politics left writer Harry Bucknall questioning whether he really knew the place he called home. Propelled by a growing desire to better understand his island nation, Harry decided to undertake a pilgrimage of sorts; he embarked on a series of four walks across Britain that would mirror the changing seasons, covering a distance of nearly 1,600 miles.From fresh and heady spring through to the gloriously crisp winter months, Harry journeyed across Britain visiting cities, towns and vast swathes of the countryside from Mull to Sunderland and Aberystwyth to Lowestoft, meeting a host of diverse and charismatic characters along the way as he strove to uncover the beating heart of the nation. Uplifting, joyous and charming, A Road for All Seasons is a vivid, social and cultural snapshot of 21st-century Britain. Focusing as much on the beauty of the fertile land as the people who inhabit it, it explores a unique culture, its folklore both past and present, as well as the wealth of the nation's history and heritage. Exquisitely written and filled with delightful people and places, this is Harry's ardent tribute to the British Isles.

A Tribute to Britain

A Road for All Seasons

The first book to investigate, analyze and theorize the creative processes of literary writers, Creativity and Contingency in Literary Writing uses author interviews, manuscript genetics and textual evidence to explore creativity from the authorial perspective. Studying an author's practice, literary form and contextual contingencies as elements that affect literary creativity, Karin Kukkoken develops theoretical models for examining the age-old problem of artistic creation and how it has been put to works by authors from the nineteenth century to the age of digital fiction, across a range of languages. With insights from the cognitive sciences, anthropology and philosophy of mind as well as literary studies, the book calls upon interviews with Siri Hustvedt, Marina Warner, Anne Weber, Camille Laurens, Gwenaëlle Aubry, Kate Pullinger, Gunnhild Øyehaug, Maria Stepanova and György Dragomán and studies the manuscripts of Charlotte Brontë, Cora Sandel, Elsa Morante and Italo Calvino. Overcoming the traditional distinction between creative agent, process and creative product, Creativity and Contingency in Literary Writing is as accessible and illuminating as it is important to understandings of human creativity.

Creativity and Contingency in Literary Writing

Final Injunctions in Tort Law

McMahon and Binchy on the Law of Torts

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