In this book leading scholars from the United Kingdom, the United States and Australia challenge established common law rules and suggest new approaches to both old and emerging problems in tort law. Some of the chapters consider broad issues such as the importance of flexibility over certainty in tort law, connections between tort law and human flourishing and the indirect effects of changes in tort law. Other chapters engage more specific topics including the role of vindication in tort law, the relationship between criminal law and tort law, the use of epidemiological evidence in analysing causation, accessory liability in tort law, the role of malice in intentional torts and the role of statutes in tort law. They propose new approaches to contributory negligence, emotional distress, loss of a chance, damages for nuisance, the tort of conspiracy and vicarious liability. The chapters in this book were originally presented at the Sixth Biennial Conference on the Law of Obligations at Western University in London, Ontario in July 2012. They will be highly useful to lawyers, judges and scholars across the common law world.

1. Against Certainty in Tort Law Ken Oliphant2. Tort Law and Human Flourishing Nicholas J McBride3. Private and Public: The Mixed Concept of Vindication in Torts and Private Law Kit Barker4. 'We Do This in the Criminal Law and That in the Law of Tort': A New Fusion Debate Graham Virgo5. Challenging the Orthodoxy of Crime's Precedence over Tort: Suspending a Tort Claim Where a Crime May Exist Matthew Dyson6. Legislative Challenges to Orthodoxy James Lee7. Statutes and Civil Liability in the Commonwealth and the United States: A Comparative Critique Neil Foster8. The 'Doubles the Risk' Test for Causation and Other Related Judicial Misconceptions about Epidemiology Claire McIvor9. Rationalising Loss of a Chance in Tort Sandy Steel10. When is Emotional Distress Harm? Gregory C Keating11. Rethinking Contributory Negligence James Goudkamp12. Nuisance Law and Damages in Lieu of an Injunction: Challenging the Orthodoxy of the Shelfer Criteria Mark L Wilde13. The Tort of Conspiracy as a Can of Worms Hazel Carty14. Aid, Abet, Counsel or Procure? Paul S Davies15. 'That Unhappy Expression': Malice at the Margins Elspeth Reid16. Dissociating the Two Forms of So-Called 'Vicarious Liability' Christine Beuermann