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Tort Law Description
About the Book:
Written in a lively and friendly style, Tort Law aims to provide the reader with a clear, accessible and up-to-date overview of the entire field of tort law. While Tort Law is primarily intended to help students studying tort law, at the LL.B., LL.B. (Hons.) or LL.M. level or for the Bar exam, it will also be of interest to academics, practitioners and judges. Tort Law discusses in detail:
the facts and decisions in over 400 cases
the concept of a tort and the nature of tort law, providing an intellectual structure for tort law in the twenty-first century
the full range of torts recognised in English law
the full range of remedies that may be awarded when a tort has been committed, including compensatory damages, aggravated damages, exemplary damages, restitutionary damages and injunctions
proposals to reform problematic areas of tort law, such as the law on libel and slander, and the law on damages.
Areas of tort law that have traditionally proved difficult for students to understand "such as the law of negligence and the law of damages" are presented here in a way that makes the principles underlying those areas of law easy to understand and apply. In addition, the authors and publishers of Tort Law have combined to produce a companion website which will provide the reader with quarterly updates on recent developments in English tort law and model answers to a full range of tort problem questions.
Table of Contents:
Preface Acknowledgements Table of cases Table of statutes Table of statutory instruments Table of treaties and conventions PART I : THE PROVINCE OF TORT LAW 1. What is a tort? The nature of a civil wrong The nature of a tort A question of terminology 2. An overview of tort law What is tort law? In what situations will someone commit a tort? What remedies will be available when someone commits a tort? 3. Some common misconceptions about tort law A common misconception about the function of tort law A common misconception about the nature of a tort PART II : TORTS A. Negligence Introduction 33 4. Established duty situations 46 1. Situations in which a duty to take care not to act in a dangerous fashion will be owed or will have been owed 46 Personal injury cases 46 Psychiatric illness cases 60 Property damage cases 78 2. Situations in which someone will owe another a duty of care by virtue of the fact that he has acted in a particular way 83 Creation of danger 83 Interference with rescue by third party 84 Control of a dangerous person or animal 85 Prisoners 87 The principle in Hedley Byrne 87 Dependency 101 3. People who will owe others duties of care by virtue of the fact that they occupy some special status or position 107 Solicitors 107 Bailees 111 Occupiers of premises 113 Other occupiers 123 Landlords 124 Employers 125 Carriers 126 Parents 126 Teachers 127 5. The Caparo test 129 Antecedents of the test 129 The test explained 130 Applying the test 133 6. The impact of the Unfair Contract Terms Act 1977 and the Human Rights Act 1998 161 The Unfair Contract Terms Act 1977 16 The Human Rights Act 1998 163 7. Breach of duty 169 Burden of proof 169 Companies and other artificial legal persons 173 Delegable and non-delegable duties of care 177 Time 183 Degree and foreseeability of risk 184 Personal circumstances 187 Professional standards 191 Common sense 193 B. Torts involving the infliction of certain kinds of harm Introduction 198 8. Assault and battery 203 Battery 203 Assault 214 9. False imprisonment 216 Definition 216 The meaning of imprisonment 216 Lawful justification or excuse 218 10. Libel and slander 227 Common elements 227 What is defamatory? 227 The requirement of publication 237 Title to sue 240 Defences 241 The difference between libel and slander 263 Evaluation of the law on libel and slander 264 11. Conversion 271 Definition 271 Modes of conversion 271 Things that may be converted 275 Title to sue 275 Lawful justification or excuse 280 Exceptions to the rule 283 Extending the tort 284 12. Trespass to goods 285 Definition 285 The requirement of direct interference 285 Lawful justification or excuse 285 Extending the tort 288 13. Trespass to land 289 Definition 289 The mental element required to commit the tort 289 The degree of control required to commit the tort 290 Title to sue 292 Lawful justification or excuse 294 14. Private nuisance 296 Definition 296 Types of interference 299 Unreasonable interference 302 Creating, authorizing, adopting or continuing 310 A tort to land 317 Some unusual forms of private nuisance 323 15. Harassment 325 16. Inducing a breach of contract 326 Definition 326 The mental element required to commit the tort 327 When will someone be held to have induced a breach of contract? 329 The degree of interference with a contract required to commit the tort 335 Justification 337 Evaluating the tort 338 Torts analogous to the tort of inducing a breach of contract 340 C. Torts involving the intentional infliction of harm Introduction 342 17. Using unlawful means to harm another 350 Definition 350 Nominate torts and the 'genus' tort 353 18. The tort in Quinn v Leathem 358 A problem of terminology 358 The need for agreement 358 Legitimate reason 359 The problem of mixed motives 364 D. Torts involving the deception of others Introduction 366 19. Deceit 368 Definition 368 Untrue representation of fact 368 Lack of honest belief 370 Intention 372 Inducement 373 Some difficult cases 375 20. Malicious falsehood 377 21. Passing off 381 Definition 381 The varieties of passing off 381 Extending the tort 386 Actionability 386 E. Torts involving the misuse of power Introduction 388 22. Malicious prosecution and analogous torts 392 Malicious prosecution 392 Analogous torts 401 23. Misfeasance in public office 404 F. Other torts 24. The tort in Wilkinson v Downton 409 25. Torts involving the breach of a statutory duty owed to another 411 Determining whether a statutory duty owed to another is tortious in nature 412 Some examples of statutory duties owed to others that are tortious in nature 421 PART III : REMEDIES A. Compensatory damages 26. Basic principles 429 1. Limits on the right to sue 429 Special defences 429 Death 430 Crown immunity 430 Trade union immunity 431 Witness immunity 431 Abuse of process 433 Volenti non fit injuria 435 Illegality 437 Contractual exclusion of liability 441 Accord and satisfaction 449 Judgment 452 Limitation 455 2. Causation 465 Types of loss 465 Principles of causation 468 Some difficult cases 481 Presumption of loss 491 3. Actionability 491 Remoteness 492 Wrong kind of loss 499 Public policy 509 Losses that are automatically regarded as being non-actionable 512 4. Quantification of loss 522 Personal injury cases 522 Property damage cases 527 Defamation cases 529 Other cases 530 5. Reduction in liability 531 Receipt of benefit 531 Contributory negligence 539 Limitation clause 545 27. Liability to third parties 546 Section 1 of the Fatal Accidents Act 1976 546 Section 3(5) of the Fatal Accidents Act 1976 557 Section 1A of the Fatal Accidents Act 1976 557 The Social Security (Recovery of Benefits) Act 1997 The Road Traffic (NHS Charges) Act 1999 558 The Congenital Disabilities (Civil Liability) Act 1976 Section 3 of the Latent Damage Act 1986 560 The principle of transferred loss 561 28. Vicarious liability 563 The meaning of vicarious liability 563 Situations of vicarious liability 563 Evaluation of the law on vicarious liability 580 Further points 582 B. Non-compensatory damages 29. Nominal damages 585 The availability of nominal damages 585 Reasons for seeking to be awarded nominal damages A criticism of the law as it is now 589 30. Aggravated damages 591 The nature of aggravated damages 591 The availability of aggravated damages 593 31. Exemplary damages 598 The availability of exemplary damages 598 Further points 604 Evaluation of the law on exemplary damages 607 32. Restitutionary damages 612 The availability of restitutionary damages 612 Further points 616 Evaluation of the law on restitutionary damages 33. Damages for conversion 622 The general rule 622 Exceptions to the general rule 623 C. Remedies designed to prevent the commission of a tort 34. Injunction Classification of injunctions When will an injunction be granted? 35. Specific restitution of goods PART IV : ALTERNATIVE SOURCES OF COMPENSATION Introduction 643 36. The Human Rights Act 1998 645 What is a 'public authority'? 645 When will a public authority act incompatibly with a 'Convention right'? 646 The availability of compensatory damages 648 37. Liability for dangerous things 653 The rule in Rylands v Fletcher 653 Liability rules analogous to the rule in Rylands v Fletcher 661 The Animals Act 1971 664 38. Public nuisance 668 Introduction 668 The difficulty of defining public nuisance 668 Interference with public rights 669 Interference with the comfort and convenience of the public 671 Isolated incidents 673 Creating, authorizing, adopting or continuing 673 Special damage 675 39. The Consumer Protection Act 1987 678 Antecedents of the Act 678 The basic rule 679 Defences 684 Remedies 688 40. The Competition Act 1998 691 Index
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