Unravelling Tort and Crime

Innovative and groundbreaking research on how tort and crime interrelate in English law.

Matthew Dyson (Edited by)

9781107066113, Cambridge University Press

Hardback, published 17 July 2014

466 pages, 3 b/w illus.
23.5 x 15.7 x 2.5 cm, 0.79 kg

Tort law and criminal law are closely bound together but their relationship rarely receives sustained and rigorous scrutiny. This is the first significant project in England and Wales to address that shortcoming. Building on growing interest amongst both academics and practitioners in the relationship between tort and crime, it draws together leading experts to chart the field and explore key points of interest. It uses a range of perspectives from legal theory, doctrine, legal history and comparative law to address some of the most important and interesting links between tort and crime. Examples include how the illegality defence operates to avoid stultification of the law, the difference between criminal and civil causation, how the Motor Insurers' Bureau not only insures but acts to enforce laws and alter behaviour, and why civil law only very rarely restores specific property but the criminal law does it daily.

1. Unravelling and organising tort and crime Matthew Dyson
2a. Policing tort and crime with the MIB: where (in the law) does personal responsibility lie? Jenny Steele
2b. Policing tort and crime with the MIB: where (in the law) does personal responsibility lie? Rob Merkin
3. Tort law and criminal law in an age of austerity Nick McBride
4. Wrongs and responsibility for wrongs in crime and tort Bob Sullivan
5. Private rights and public wrongs Robert Stevens
6. Torts and crimes: whose wrong is it? Antony Duff
7. Illegality's role in the law of obligations Graham Virgo
8. Defences in tort and in crime James Goudkamp
9. Causation in tort and crime: unity or divergence? Sandy Steel
10. Accessory liability in crime and tort Paul Davies
11. Tortious liability for criminal acts John Spencer
12. Consent and assumption of risk in tort and criminal law Ken Simons
13. The loss of the earlier identification of crime and delict in Scotland and its consequences for delict John Blackie
14a. Properties of the law: restoring property through crime and tort Matthew Dyson
14b. Properties of the law: restoring property through crime and tort Sarah Green.

Subject Areas: Torts / Delicts [LNV], Criminal law & procedure [LNF], Private / Civil law: general works [LNB], Law [L]