The Law of Obligations Essays in Celebration

The late John Fleming, emeritus Professor of Law in the University of California at Berkeley, was the pre-eminent torts lawyer of the age; his Law of Torts has influenced generations of students and scholars, and remains a classic of legal literature. In this volume, distinguished academics and judges from around the world pay tribute to him in a collection of essays which range widely across tort law, legal theory, legal history and comparative law.

Peter Cane was, until 1997, a fellow of Corpus Christi College, Oxford. He is now a Professor of Law in the Research School of Social Sciences at the Australian National University.
Jane Stapleton was, until 1997, a fellow of Balliol College, Oxford. She is now a Professor of Law in the Research School of Social Sciences at the Australian National University.

Preface

vii

Notes on Contributors

ix

Table of Cases

x

Table of Statutes

xxvii

An Appreciation of John Fleming

xxxi

Stephen D. Sugarman

Human Rights

Tort and Human Rights

1

(12)

Lord Bingham of Cornhill

Human Rights and the Law of Torts

13

(24)

Sir Anthony Mason

Aspects of Negligence

The Right of Spring

37

(22)

Lord Cooke of Thorndon

Duty of Care Factors: a Selection from the Judicial Menus

59

(38)

Jane Stapleton

The Staggering March of Negligence

97

(44)

Tony Weir

Theoretical Perspectives

Retribution, Proportionality, and Moral Luck in Tort Law

141

(34)

Peter Cane

Responsibility in Crime, Tort, and Contract for the Unforeseeable Consequences of an Intentional Wrong: a Once and Future Rule?

175

(34)

James Gordley

Rylands v Fletcher, Negligence, and Strict Liability

209

(34)

Gary T. Schwartz

A European Perspective

Towards a European Civil Code: The Duty of Good Faith

243

(18)

Hein Kotz

Reading Through a Foreign Judgment

261

(24)

Basil Markesinis

Quieta Movere: Interpretative Change in a Codified System

285

(34)

Reinhard Zimmerman

Nils Jansen

Product Liability

Some Thoughts about International Product Liability

319

(24)

Werner Lorenz

The Smoking War and the Role of Tort Law

343

(20)

Stephen D. Sugarman

Delivering Compensation

Traffic Accidents Compensation under Tort Law and Under a Specific Law: the French experience

363

(14)

AndreA Tunc

The Collateral Source Rule Thirty-Years On

377

(34)

Harold Luntz

A Bibliography of the Publications of John Gunther Fleming

411

(8)

Index

419

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The Law of Obligations Essays in Celebration of John Fleming

Summary

Author Biography

Table of Contents

Supplemental Materials