Unpicking Torts: Elements, Conditions of Actionability and Standing Rules.
There is a clear tendency among judges and scholars to regard torts like chemical compounds: as things comprising a fixed list of elements (such as duty, breach, causation etc). But it is sometimes said that claimants in tort cases must also demonstrate that a condition of actionability has been met...
| Publicado en: | Modern Law Review Vol. 87; no. 6; pp. 1519 - 1542 |
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| Formato: | Artículo |
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Wiley-Blackwell
Nov2024
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=181482173&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 181482173 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 00267961 D8H jtl: Modern Law Review issn: 00267961 maglogo: Y pubinfo: dt: Nov2024 vid: 87 iid: 6 pid: 480 pub: Wiley-Blackwell artinfo: ui: 181482173 10.1111/1468-2230.12899 ppf: 1519 ppct: 23 formats: fmt: – @attributes: type: T – @attributes: type: P size: 230KB tig: atl: Unpicking Torts: Elements, Conditions of Actionability and Standing Rules. aug: au: Murphy, John su: Causation (Law) Torts Scholars sug: subj: Causation (Law) Torts Scholars ab: There is a clear tendency among judges and scholars to regard torts like chemical compounds: as things comprising a fixed list of elements (such as duty, breach, causation etc). But it is sometimes said that claimants in tort cases must also demonstrate that a condition of actionability has been met, or that a standing requirement within a particular tort has been satisfied. The use of these other terms raises two important questions. First, how a tort's elements may be distinguished from (1) conditions of actionability and (2) standing rules; and secondly, why any such distinction matters. This article addresses these questions and makes three key claims. The first such claim is that conditions of actionability may indeed be distinguished from elements. The second is that rules described as standing requirements within certain torts have no discrete juridical identity. The final claim is that appreciating the distinction between elements and conditions of actionability is important in both practical and theoretical terms. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Modern Law Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Modern Law Review holder: Wiley-Blackwell dt: @attributes: year: 2024 holdings: @attributes: islocal: N |
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