From: Rose Wood <Rose@hartpub.co.uk>
Date: Friday, January 18, 2019 at 06:32
To: Lionel Smith <lionel.smith@mcgill.ca>
Subject: New Private Law Books

Dear Lionel,

I’m getting in touch regarding some recently published books which may be of interest: Apportionment in Private Law, edited by Kit Barker and Ross Grantham and The Humanity of Private Law, by Nicholas J McBride.

Would it be possible to announce the book to members of the RDG? In the hope that it is, I have attached an announcement for the book which offers a 20% discount and we can send you a gratis copy if you’re interested as a thank you for circulating the information.

Thanks in advance for your consideration.

Best wishes,

Rose

Apportionment in Private Law

Edited by Kit Barker and Ross Grantham

This collection of essays investigates the way in which modern private law apportions responsibility between multiple parties who are (or may be) responsible for the same legal event. It examines both doctrines and principles that share responsibility between plaintiffs and defendants, on the one hand, and between multiple defendants, on the other.

The doctrines examined include those ‘originating’ doctrines which operate to create shared liabilities in the first place (such as vicarious and accessorial liability); and, more centrally, those doctrines that operate to distribute the liabilities and responsibilities so created. These include the doctrine of contributory (comparative) negligence, joint and several (solidary) liability, contribution, reimbursement, and ‘proportionate’ liability, as well as defences and principles of equitable ‘allowance’ that permit both losses and gains to be shared between parties to civil proceedings. The work also considers the principles which apportion liability between multiple defendants and insurers in cases in which the cause, or timing, of a particular loss is hard to determine.

The contributions to this volume offer important perspectives on the law in the UK, USA, Canada, Australia and New Zealand, as well as a number of civilian jurisdictions. They explicate the main rules and trends and offer critical insights on the growth and distribution of shared responsibilities from a number of different perspectives – historical, comparative, empirical, doctrinal and philosophical.

Kit Barker is Professor of Law and Ross Grantham is Professor of Commercial Law, both at the TC Beirne School of Law, University of Queensland, Australia.

December 2018 | 9781509917501 | 392pp | Hbk | RSP: £85 

Discount Price: £68

Order online at www.hartpublishing.co.uk – use the code CV7 at the checkout to get 20% off your order!

The Humanity of Private Law

Part I: Explanation

Nicholas J McBride

The Humanity of Private Law presents a new way of thinking about English private law. Making a decisive break from earlier views of private law, which saw private law as concerned with wealth-maximisation or preserving relationships of mutual independence between its subjects, the author argues that English private law’s core concern is the flourishing of its subjects.

THIS VOLUME

- presents a critique of alternative explanations of private law;

- defines and sets out the key building blocks of private law;

- sets out the vision of human flourishing (the RP) that English private law has in mind in seeking to promote its subjects’ flourishing;

- shows how various features of English private law are fine-tuned to ensure that its subjects enjoy a flourishing existence, according to the vision of human flourishing provided by the RP;

- explains how other features of English private law are designed to preserve private law’s legitimacy while it pursues its core concern of promoting human flourishing;

- defends the view of English private law presented here against arguments that it does not adequately fit the rules and doctrines of private law, or that it is implausible to think that English private law is concerned with promoting human flourishing.

A follow-up volume will question whether the RP is correct as an account of what human flourishing involves, and consider what private law would look like if it sought to give effect to a more authentic vision of human flourishing.

The Humanity of Private Law is essential reading for students, academics and judges who are interested in understanding private law in common law jurisdictions, and for anyone interested in the nature and significance of human flourishing.

Nicholas J McBride is a Fellow of Pembroke College, Cambridge. He was formerly a Fellow of All Souls College, Oxford.

December 2018 | 9781509911950 | 296pp | Hbk | RSP: £80 

Discount Price: £64

Order online at www.hartpublishing.co.uk – use the code CV7 at the checkout to get 20% off your order!

Rose Wood
Marketing Campaign Manager, Hart Publishing, An Imprint of Bloomsbury Publishing

E: rose@hartpub.co.uk W: www.hartpublishing.co.uk  

T: 01865 587505 A: Hart Publishing, Kemp House, Chawley Park, Cumnor Hill, Oxford, OX2 9PH

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