Law of tort

 Content: Preface  Guided tour  Table of cases  Table of statutes and other statutory material  Part 1: General principles of tort law  1. General principles  Introduction  What is a tort?  Elements of a tort  The interests protected  Fault and strict liability  Objectives of tort  Alternative systems of compensation  A compensation culture?  The boundaries of tort  The position of minors  The Human Rights Act 1998  Human rights and tort law  Summary  Further reading  Part 2: The tort of negligence  2. General principles of negligence  Elements of the tort  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. Nervous shock  Introduction  Problems raised  The medical background and public scepticism  Historical development  Present law  Primary and secondary victims  Secondary victims  Primary 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  A new matrix for economic loss?  Summary  Further reading  6. Omissions, third parties and public authorities  Introduction  Liability for omissions  Liability for the acts of third parties  Liability of public authorities  Summary  Further reading  7. Breach of duty and proof of negligence  Introduction  The reasonable man test  Factors determining negligence  Proof of negligence  Summary  Further reading  8. Causation and remoteness of damage  Introduction  Factual causation  Remoteness of damage  Novus actus interveniens  Conclusion  Summary  Further reading  9. Defences to negligence  Introduction  Volenti non fit injuria  Contributory negligence  Ex turpi causa  The rescue cases  Summary  Further reading  Part 3: Specific areas of neglicence and breach of statutory duty  10. Defective premises  Introduction  Occupier's liability  Landlord's liability  Builder's liability  Question  Summary  Further reading  11. Defective products  Introduction  The narrow rule in Donoghue v Stevenson  Consumer Protection Act 1987  Question  Summary  Further reading  12. 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  13. Employer's liability  Introduction  The employer's personal duty of care  Defences  Question  Summary  Further reading  14. Medical negligence and related issues  Introduction  The battery action  The negligence action  Summary  Further reading  Part 4: Torts based on land  15. Trespass to land  Introduction  Forms of trespass to land  Title of the claimant  Defences  Remedies  Summary  Further reading  16. Nuisance  Introduction  Statutory nuisances  Public nuisance  Private nuisance  Nuisance and fault  Remedies  Defences  Nuisance and human rights  Question  Summary  Further reading  17. 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  18. Liability for animals  Introduction  Dangerous and non-dangerous animals  Trespassing livestock  Special liability for dogs  Remoteness of damage  Summary  Further reading  19. Trespass to the person  Introduction  Battery  Assault  Defences to assault and battery  False imprisonment  The rule in Wilkinson v Downton  Question  Summary  Further reading  20. Defamation  Introduction  Role of the jury  Libel and slander  The claimant's case  Defamatory meaning  Reference to the claimant  Publication  Defences  Justification  Fair comment  Absolute privilege  Qualified privilege  Remedies  Parties  Rehabilitation of Offenders Act 1974  Defamation and the Human Rights Act 1998  Defamation and freedom of speech  Privacy  Question  Summary  Further reading  21. Privacy  What is privacy?  The general principle  The position in English law  Human Rights Act 1998  Case law on privacy since the Human Rights Act 1998  Conclusion  Summary  Further reading  22. Deceit, malicious falsehood and passing off  Deceit  Malicious falsehood  Passing off  Summary  Further readnig  Part 6: Parties, defences and remedies  23. Vicarious liability  Introduction  Justification for imposing vicarious liability  Who is an employee?  In the course of employment  The employer's indemnity  Employers and independent contractors  Principal and agent  Summary  Further reading  24. Joint and several liability  Introduction  Successive actions  Contribution between tortfeasors  Summary  25. Limitation  Introduction  Accrual of causes of action  Limitation periods  Defective buildings and latent damage  Miscellaneous limitation periods  Fraud or concealment  Summary  Further reading  26. General defences  Introduction  Mistake  Inevitable accident  Necessity  Summary  Further reading  27. Remedies  Introduction  Damages  Effect of death on an award of damages for personal injuries  Injunctions  Self-help  Question  Summary  Further reading  Part 7: Extracts from statutes  Occupiers' Liability Act 1957  Employers' Liability (Compulsory Insurance) Act 1969  Animals Act 1971  Defective Premises Act 1972  Congenital Disabilities (Civil Liability) Act 1976  Fatal Accidents Act 1976  Unfair Contract Terms Act 1977  Civil Liability (Contribution) Act 1978  Limitation Act 1980  Highways Act 1980  Civil Aviation Act 1982  Administration of Justice Act 1982  Occupiers' Liability Act 1984  Consumer Protection Act 1987  Road Traffic Act 1988  Law Reform (Miscellaneous Provisions) Act 1934  Law Reform (Contributory Negligence) Act 1945  Defan Act 1952  Defamation Act 1996  Schedule  Damages Act 1996  Protection from Harassment Act 1997  Human Rights Act 1998  Index