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The Development of Liability between Neighbours.

The Development of Liability between Neighbours. 隣人間の責任の展開

・ISBN 978-0-521-76766-8 hard

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著者・編者Gordley, James (ed.),
シリーズComparative Studies in the Development of the Law of Torts in Europe
出版社(Cambridge U. Pr., UK)
出版年月2010
ページ数250 pp.
言語ENG
ニュース番号<562-840>

解説

Cases arising from disputes between neighbours (what English law would describe in terms of the law of nuisance) fall towards the edge of the law of tort, on its boundary with the law of property. They therefore provide a good example of how the categorisation of a case can affect the liability rule: tort law is typically concerned with fault, property law with strict liability. The aim of this book is to examine the importance of these category shifts, as well as the extent to which statutory interventions, planning control and the like have had an impact on the analysis of tortuous liability.