Critical Torts
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Product description
A Unique Collection of Essays Offering Critical Perspectives on Canadian Tort Law
This collection of essays brings a critical appraisal to Canadian tort law. The authors each consider the role of tort law in encouraging, supporting and fostering social justice and in achieving change.
Each chapter engages with an issue in Canadian tort law from a critical perspective. The authors review the context in which an injury arises and situate their analysis within the gender, race, class, disability, age, language and other situations of marginalization which the issue raises. Each chapter critically examines tort law's implication in social, political and economic inequalities, and its potential and limitations as an instrument of redistributive and egalitarian social, economic and political change. The collection provides a snapshot of the potential and limitations of tort law as a progressive force for social change.
The chapters include assessments of the tort law response to institutional abuse, the treatment of welfare benefits in damages calculations, tort law remedies for environmental degradation to aboriginal lands, racial discrimination and racist defamation, wrongful birth actions and the impact of disability discrimination, mental distress as tort damage, the use of tort law in claims of torture and responses to sexual violence.
An Invaluable Resource
This unique collection of essays offers critical perspectives of important, contemporary Canadian tort law issues, benefiting many students and professionals including:
- Canadian tort lawyers
- Canadian legal scholars
- Law students - particularly those studying tort law
- Law libraries
Table of contents
1. Introduction
2. Sheila McIntyre – Guardians of Privilege: The Resistance of the Supreme Court of Canada to Institutional Liability for Child Sexual Abuse
3. Elizabeth Adjin-Tettey – The Marginalizing Effect of Deductibility of Past Welfare Benefits from Compensation for Personal Injury
4. Lynda Collins – Protecting Aboriginal Environments: A Tort Law Approach
5. Rakhi Ruparelia – "I Didn't Mean It That Way!": Racial Discrimination as Negligence
6. Larry Chartrand – The Crumbling Wall of Bhadauria: If Not Today, Tomorrow
7. Kate Sutherland – The Impact of the Tort of Defamation on Public Discourse About Racism
8. Sanda Rodgers – A Mother's Loss is the Price of Parenthood: The Failure of Tort Law to Recognize Birth as Compensable Reproductive Injury
9. Aloke Chatterjee – Reinforcing Discriminatory Attitudes and Stereotypes about Disability Through the Law: Prenatal Screening and Actions for "Wrongful Birth"
10. Louise Bélanger-Hardy – Droit et émotion : réflexion novatrice sur le préjudice moral
11. Reem Bahdi – Torture, Tort and Terror: The Non-Delegable Duty to Protect Nationals From Torture in the Context of Anti-Terrorism
12. François Laroque – Le délit transnational de la torture
13. Louise Langevin – L'indemnisation des victimes de violence sexuelle intrafamilial en droit civil québécois : pour aller au-delà de 'impressionnisme
14. Fiona Kelly – Private law responses to domestic violence: the intersection of family law and tort
15. Melanie Randall – Private Law, the State and the Duty to Protect: Tort Actions for Police Failures in Gendered Violence Cases
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