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McMahon B: McMahon and Binchy on the Law
of Torts

McMahon and Binchy on the Law of Torts

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

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

Sexual Offences in Ireland: Practice and Procedure

This landmark collection provides new insights, concepts and techniques to understand and respond to tort claims based on illegal conduct. It is the first comparative study of this difficult field, which has remained contested despite numerous decisions of the highest courts in the common law world. The collection draws on scholars from common law and civilian jurisdictions spanning Argentina, Australia, Brazil, England and Wales, France, Germany, Italy, the Netherlands, Scotland, Singapore, Spain, South Africa and Sweden. Together they set out fact patterns, and justifications for tort liability to illustrate the coherence and unity that exists when courts address such claims. While common law legal systems have developed a specific defence of illegality for some of those fact patterns, civilian jurisdictions tend to see illegality operating, if at all, through the existing components of tort liability. The book explains how these different approaches have been reached, how they work, and what they reveal about reasoning in tort.

Comparative Lessons on Legal Reasoning

Understanding Tort Claims and Illegality

Commonwealth Caribbean Law

Commonwealth Caribbean Criminal Law is a comprehensive guide to criminal law, covering the jurisdictions of Barbados, Jamaica, Trinidad &amp; Tobago, the Bahamas, and Belize, with reference also to other jurisdictions such as Guyana and the OECS member states. Written by established lecturers at the University of the West Indies, this text is an essential guide for all students of criminal law in the region.

Commonwealth Caribbean Criminal Law

Hart Studies in Private Law

Final Injunctions in Tort Law

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

This third edition of Construction Law: From Beginner to Practitioner provides a thorough and comprehensive guide to construction law by blending together black letter law and socio-legal approaches. This mixed methodology makes an ideal introduction to the subject for those studying to enter the architecture, engineering and construction (AEC) industry in a professional capacity. Designed to equip the student with all they need to know about construction law, the topics covered include:<ul> <li>the fundamentals of law and the English legal system</li> <li>contract, business, tort and property law</li> <li>procurement, subcontracting and partnering</li> <li>claims, damages, losses and expenses</li> <li>dispute resolution including mediation, arbitration, litigation and adjudication</li> </ul>New updates for the third edition include discussion of the Building Safety Act and the "Golden Thread", the maturity of BIM and digital twin technologies, the JCT 2024 suite of contracts, and the collaboration between NEC and the Framework Alliance Contract. Emerging trends, such as the digitization of demand and legal vehicles like project bank accounts, are also covered. Two new chapters delve into the impact of Artificial Intelligence on construction law, ensuring the book remains at the forefront of industry developments while preserving its tried-and-tested structure.This book is useful not only for understanding the basics, but also as a reference that practitioners will use time and again.

From Beginner to Practitioner

Construction Law

Artificial Intelligence and Blockchain in International Arbitration offers an exhaustive analysis of technology-assisted arbitration across the entire arbitral lifecycle by examining how blockchain and artificial intelligence are used in drafting and concluding arbitral agreements, in the constitution of the tribunal, in the overall procedural management of the case, on evidence and disclosure, on virtual hearings, and even on arbitral award drafting. It delves deeper into the limitations of automation, the non-delegable roles of arbitrators, and the compatibility of digital procedures with core arbitration principles such party autonomy, due process, equality of arms, secrecy, and impartiality. Additionally, it examines how new technologies interact with private international law, with the consent of the parties, the relevant legislation and how these technologies can be incorporated into arbitration without going against public policy, without violation due process rights and, in that way ensuring enforcement under the New York Convention.This book, by examining how blockchain and artificial intelligence are changing arbitral practice, provides a fresh and topical viewpoint on current debates in international arbitration and explores how these technological advancements are reshaping arbitration foundations while posing ethical challenges about the future of arbitration.

Artificial Intelligence and Blockchain in International Arbitration

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 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

Can we hold individuals criminally responsible for harms their actions caused when, at the time of acting, they did not realise that their actions risked bringing about those harms? This persistent and unresolved question strikes at the heart of criminal liability for inadvertent negligence in legal systems worldwide. This open access volume brings together a diverse group of contributors to discuss the criminalisation of inadvertent negligence. Significantly, the authors hail from two very different legal traditions - Anglo-American and Germanic - which have to date not engaged in dialogue about this important criminal law topic. This edited volume addresses this gap in the literature. The contributions to this collection explore the similarities and differences between legal traditions, and foster cross-jurisdictional exchange, whilst critically reflecting on the normative strengths and weaknesses of different legal vantage points. The collection accordingly incorporates theoretical, philosophical and psychological insights from experienced scholars and new voices, thereby offering a multidimensional account of why, and under what conditions, those who are unaware of a particular risk of harm at the time of acting can, or cannot, justifiably be punished when those harms do result. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Max Planck Institute for the Study of Crime, Security and Law.

Comparative and Interdisciplinary Perspectives on Inadvertent Negligence

Criminalising Carelessness

McMahon and Binchy on the Law of Torts

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