Front cover image for Sourcebook on tort law

Sourcebook on tort law

The purpose of this book is to provide a clear guide to tort law, examining the main principles and areas of the subject. It includes text emphasizing the main issues of liability. The text incorporates relevant materials, extracts from leading judgments, articles and reports of review bodies on tort law. It should prove especially useful for those who do not have access to a law library, as for those whose library is under severe pressure from users. It will be useful to those participating in seminars and tutorials and will enable them to take part in a good level of discussion. Th
eBook, English, 2012
Taylor and Francis, Hoboken, 2012
1 online resource (686 pages)
9781843140429, 184314042X
847368779
Table of Cases; Table of Statutes; Chapter 1 Introduction; Tort And Other Types of Liability; Functions of Tort Law; Appeasement And Vindication Of Rights; Justice; Deterrence; Public Forum Function; Compensation Function; Human Rights; Conclusion; Chapter 2 Duty of Care; Introduction; The Elements of Negligence; Duty Of Care; Pre-1932; Post-Donoghue; Post-Anns; Post-Caparo; Human Rights; Specific Areas of Difficulty; Omissions; Immunity Based on The Defendant's Status; Police; Other emergency services; Public authorities; Chapter 3 Breach of Duty; Introduction; Standard of Care. Factors Taken Into AccountMagnitude of the risk; Seriousness of the harm; Cost and practicality of precautions; Social utility of the defendant's activity; Special standards; Professional persons; Common practice; Children; Sporting competition; Proof of breach; Chapter 4 Causation And Remoteness of Damage; Introduction; Causation In Fact; The extent of the harm; Successive causes; Multiple causes; Proof of causation; Lost chance; Remoteness of Damage; Type of harm; Manner of occurrence; Extent of the harm; Egg-shell skull rule; Claimant's economic state; Intervening events. Intervening natural eventsIntervening negligent acts by third parties; Deliberate intervention by third parties; Act of the claimant; Chapter 5Liability For Psychiatric Injury; Introduction; Primary Victims; Secondary Victims; Chapter 6Liability For Economic Loss; Pure Economic Loss; General Rule Against Recovery; The notable exception; Reliance; Other Exceptional Cases; Conclusion; Chapter 7 Occupier'sLiability; Introduction; Liability To Lawful Visitors; Who is an occupier?; Who is a lawful visitor?; The Common Duty of Care; Variations in the standard of care; Warning notices. Liability for independent contractorsLimitations on the extent of the duty; Restriction or exclusion of liability; Liability to trespassers; Chapter 8Product Liability; Introduction; Common Law; Who owes the duty?; To whom is the duty owed?; Standard of Care; Causation/Remoteness; Strict Liability; Commentary; Products covered; Producer; Actionable damage; Defect; Defences; Chapter 9Strict Liability; Introduction; Liability For Escapes of Things; Non-natural use; Escape; Status of the claimant; Defences; Remoteness of damage; Liability For Fire; Fire under Rylands v Fletcher; Negligence. NuisanceLiability For Animals; Common law; Animals Act 1971; Commentary; Defences; Chapter 10Nuisance; Introduction; Distinction Between Public And Private Nuisance; Private Nuisance; Interests protected; Conduct covered; Activity or conduct must be unreasonable; Negligence a factor?; Continuing or isolated escape?; Substantial harm; Locality; Social utility; Claimant's hypersensitivity; Duration, frequency and intensity; Motive; Who can be sued?; Remoteness of damage; Types of damage recoverable; Defences; Remedies For Nuisance; Chapter 11Trespass To The Person; Introduction; Direct Harm
Nature of liability in trespass to the person