Environmental protection and the common law. (2000)

• Record Type: Book
• Further Information: Note: Edited by John Lowry and Rod Edmunds.
• Other Names: Lowry, John P; Edmunds, Rod
• Contents: Half Title Page; Title Page; Title verso; Foreword; Preface; Contents; Table of Cases; Table of Legislation; 1. Victorian Foundations?; INTRODUCTION; TIPPING V. ST HELEN'S SMELTING CO.; RYLANDS V. FLETCHER; THE SIGNIFICANCE OF THE JUDGMENTS; AN UNSETTLING TIME FOR JUDGES: 1840-80; DISRUPTIVE STATUTES: 1840-80; CONCLUSION; 2. Nuisance, the Morality of Neighbourliness, and Environmental Protection; INTRODUCTION; THE CHARACTER OF NUISANCE LAW; THREE RECENT CASES; CONCLUSION; 3. Noxious Emissions and Common Law Liability: Tort in the Shadow of Regulation; INTRODUCTION; LEGISLATIVE LIMITS. ENVIRONMENTAL JUDICIAL REVIEWSTRICT LIABILITY IN NUISANCE AND RYLANDS V. FLETCHER; DISTINCTIVE FEATURES OF A TORT ACTION; CONCLUSION; POST-SCRIPT; 4. From the Individual to the Environmental: Tort Law in Turbulence; INTRODUCTION; TORT LAW AND CORRECTIVE JUSTICE; TOXIC TORTS; SCIENCE, LAW AND RISK; REGULATION, RISK AND THE COURTROOM; THE CHALLENGE; INTRODUCTION; 5. Tort and Environmental Pluralism; INTRODUCTION; THE ROLE OF ENVIRONMENTAL TORTS; THE ROLE OF ENVIRONMENTAL TORTS; PROTECTION OF INDIVIDUAL HEALTH AND WEALTH; PROTECTION OF INDIVIDUAL HEALTH AND WEALTH. TESTING ORTHODOXY: DIFFERENCES OF VIEW ABOUT SCIENCE AND RISKTESTING ORTHODOXY: DIFFERENCES OF VIEW ABOUT SCIENCE AND RISK; REGULATING THE REGULATOR; REGULATING THE REGULATOR; CONCLUSION; CONCLUSION; 6. Statutory Liability for Contaminated Land: Failure of the Common Law?; INTRODUCTION; DEFICIENCIES OF THE COMMON LAW; ENVIRONMENTAL PROTECTION ACT 1990, PART IIA; THE FUTURE OF THE COMMON LAW; 7. Nuisance and Environmental Protection; INTRODUCTION; THE LAW OF TORTS AND THE ENVIRONMENT; CAUSATION; FORESEEABILITY AND FAULT; CONCLUSION. 8. Marking the Boundary: The Relationship between Private Nuisance, Negligence and FaultINTRODUCTION; HAS PRIVATE NUISANCE BEEN OVERWHELMED BY THE TORT OF NEGLIGENCE?; THE IMPACT OF HUNTER V. CANARY WHARF LTD; A DIFFERENT APPROACH?; CONCLUSION; 9. Stigma Damages, Amenity and the Margins of Economic Loss: Quantifying Perceptions and Fears; INTRODUCTION; DELINEATING THE TERRAIN OF "STIGMA" IN THE TOXIC TORTS CONTEXT; STIGMA CLAIMS BEFORE THE ENGLISH COURTS; ESTABLISHING PHYSICAL DAMAGE WITHIN THE LEGISLATIVE SCHEME: TOWARDS A BROADER FACTUAL VIEW? DEFINING PERMISSIBLE LOSSES UNDER THE LEGISLATIVE SCHEME: A NARROW FOCUSAMENITY: AN ENIGMA IN ENGLISH LAW?; AMENITY PERCEIVED IN NARROW AND "TANGIBLE" TERMS; A BROADER US APPROACH: TOWARDS ACCOMMODATING STIGMA WITHIN THE NOTION OF AMENITY; NUISANCE AND PURE ECONOMIC LOSS: AN OPEN DOOR?; THE DESIRABILITY OF ALLOWING RECOVERY FOR STIGMA DAMAGES; CONCLUSION; 10. Towards a European Tort Law on the Environment? European Union Initiatives and Developments on Civil Liability in Respect of Envrionmental Harm; INTRODUCTION.
• Publisher Details: Oxford Portland, Or : Hart Pub
• Publication Date: 2000
• Extent: 1 online resource (xxv, 274 pages)
• Subjects: 344.41/046; Environmental law -- Great Britain; Liability for environmental damages; Common law; Environmental law; Environnement -- Droit -- Grande-Bretagne; Responsabilité pour dommages à l'environnement; Common law; LAW -- Administrative Law & Regulatory Practice; Common law; Environmental law; Liability for environmental damages; Common law; Milieubescherming; Milieurecht; Great Britain; Electronic books
• Languages: English
• ISBNs: 9781847310859; 1847310850; 1280808268; 9781280808265; 9781472562104; 1472562100
• Related ISBNs: 1901362930; 9781901362930
• Notes: Note: Includes bibliographical references and index.; Note: Print version record.
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.