Law of Tort

Description

Law of Tort, part of the Foundations series, offers a comprehensive, clear and straightforward account of the law which is renowned for its excellent case law coverage and student-friendly approach making it ideal for LLB and GDL students. Cover Half-Title Page Title Page Copyright Page Brief Contents Contents Preface Table of cases Table of statutes and other statutory material Acknowledgements Part 1 General principles of tort law 1 General principles Introduction What is a tort? Elements of a tort The interests protected The role of policy The role of insurance Fault and strict liability Objectives of tort Alternative systems of compensation A compensation culture? The boundaries of tort The Human Rights Act 1998 Human rights and tort law Access to justice Summary Further reading Part 2 The tort of negligence 2 General principles of negligence Elements of the tort History of negligence The interests protected Problem areas Liability in contract and tort Summary Further reading 3 Duty of care Introduction Historical development Other tests Conclusion Summary Further reading 4 Psychiatric damage Introduction Problems raised The medical background and public scepticism Historical development Types of claim Primary and secondary victims Primary victims Secondary victims Conclusion Summary Further reading 5 Economic loss Introduction Arguments against the recovery of pure economic loss in negligence Historical development Development of the Hedley Byrne principle Development of liability for economic loss outside the Hedley Byrne principle The extended Hedley Byrne principle Conclusions Summary Further reading 6 Liability for omissions and third parties Introduction Liability for omissions Liability for the acts of third parties Summary Further reading 7 Liability of public authorities Introduction The framework for actions Human rights The ‘education’ cases Summary Further reading 8 Breach of duty and proof of negligence Introduction The reasonable man test Factors determining negligence Proof of negligence Summary Further reading 9 Causation and remoteness of damage Introduction Factual causation Remoteness of damage Novus actus interveniens Conclusion Summary Further reading 10 Defences to negligence Introduction Volenti non fit injuria Contributory negligence Ex turpi causa The rescue cases Summary Further reading Part 3 Specific areas of negligence and breach of statutory duty 11 Defective premises Introduction Occupiers’ liability Landlord’s liability Builder’s liability Summary Further reading 12 Defective products Introduction Liability in contract The negligence action The narrow rule in Donoghue v Stevenson Consumer Protection Act 1987 Compensation culture Suggested approach Summary Further reading 13 Breach of statutory duty Introduction Does the statute give rise to an action for damages? Was the duty owed to the claimant? Breach of duty Causation Defences Breach of statutory duty and negligence European legislation Summary Further reading 14 Employer’s liability Introduction The employer’s personal duty of care Defences Stress at work Summary Further reading 15 Medical negligence and related issues Introduction The battery action The negligence action Summary Further reading Part 4 Torts based on land 16 Trespass to land Introduction Forms of trespass to land Title of the claimant Defences Remedies Summary Further reading 17 Nuisance Introduction Statutory nuisances Public nuisance Private nuisance Nuisance and fault Remedies Defences Nuisance and human rights Summary Further reading 18 Rylands v Fletcher and liability for fire Introduction The claimant’s case Defences The future of Rylands v Fletcher Liability for fire Summary Further reading Part 5 Miscellaneous torts 19 Trespass to the person Introduction Trespass to the person Battery Assault Defences to assault and battery False imprisonment Intentional infliction of emotional or physical harm Summary Further reading 20 Defamation and malicious falsehood Introduction Reform Features of defamation Damages Libel and slander The claimant’s case Defamatory meaning Reference to the claimant Publication Libel and internet publication Defences Truth (justification) Honest opinion Absolute privilege Qualified privilege Remedies Parties Rehabilitation of Offenders Act 1974 Defamation and the Human Rights Act 1998 Malicious falsehood Summary Further reading 21 Privacy – Tort of misuse of private information Introduction What is privacy? The general principle The position in English law Case law and principles on privacy since the Human Rights Act 1998 Limits to protection Remedies Conclusions on privacy Summary Further reading Part 6 Parties, defences and remedies 22 Vicarious liability Introduction Justification for imposing vicarious liability Scope of vicarious liability Who is an employee? In the course of employment The employer’s indemnity Employers and independent contractors Conclusion Summary Further reading 23 Limitation Introduction Accrual of causes of action Limitation periods Defective buildings and latent damage Miscellaneous limitation periods Fraud or concealment Summary Further reading 24 General defences Introduction Mistake Inevitable accident Necessity Summary 25 Remedies Introduction Damages Effect of death on an award of damages for personal injuries What is damage? Injunctions Self-help Summary Further reading Glossary of Terms Index