Torts

Cover Page
Full Title
Copyright
Preface
Acknowledgments
Table of Cases
Table of Statutes and Codes of Practice
Table of Contents
	1 Introduction
		Torts — Definition and Description
		The Role of Fault
		No-Fault Compensation Schemes for Personal Injury
		Statutory Changes to Common Law Actions: Prior to the 2002 Ipp Panel Report
		Choice of Law/Conflict of Laws and Legislative Interventions
		Our Journey
	2 Overview of Negligence
		Elements of the Tort of Negligence
		Breach of the Duty to Take Care: The Standard of Care Expected of the 'Reasonable Person'
		Cause Harm that is Not Too Remote
		Duty to Take Care
		Defences
		Vicarious Liability
		Damages Assessment
		Statutory Changes to Common Law Actions: After the Ipp Panel Report (Generally 2002-03)
		Heated Debate: Critics and Defenders of the Changes
		The Upshot
	3 Standard of Care
		The Standard of Care Stated
		The Reasonable Person
		General Practice, Custom and Regulation
		Professionals and Statutory Changes (Bolam, Rogers, Naxakis)
		Nature of the Risk of Harm
		The Reasonable Person's Response: The 'Calculus of Negligence'
		Additional Standard of Care/Breach Issues
	4 Causation: Factual Causation and Scope of Liability
		Factual Causation
		Scope of Liability
	5 Duty of Care: Basic Concepts
		Reasonable Foreseeability and Duty: Existence vs Extent
		Subsequent Developments — Proximity, Salient Features, Autonomy and Vulnerability
	6 'Affirmative Action': The Duty to Act
		Where There is a Special Relationship Between Plaintiff and Defendant
		Duty to Prevent Another from Causing Damage or Loss to the Plaintiff
	7 Liability of Public Authorities
		When Does a Public Authority Owe a Duty to Exercise its Statutory Powers?
		What Duty Does a Public Authority Owe when it Exercises its Statutory Powers?
		Highway Authorities
	8 Economic Loss
		Liability for Negligent Misstatements Causing Purely Economic Loss
		Liability for Negligent Acts Causing Purely Economic Loss
	9 Mental Harm
		Negligently Caused Mental Harm
		Intentional Infliction of Mental Harm
	10 Defence: Contributory Negligence
		Statutory Intervention: Apportionment Replaces the Common Law's 'All-or-Nothing' Rule
		What Constitutes Contributory Negligence?
		The Standard of Reasonable Care Applied to the Plaintiff's Conduct
		Causation
		How Apportionment Operates
		Appeals
		Intoxication
	11 Other Defences and Special Protections
		Voluntary Assumption of Risk
		Exclusion of Liability by Notice
		Illegality
		Special Protection or Immunity from Liability
	12 Assessment of Damages for Personal Injuries
		The 'Once and Forever' Principle
		Terminology
		Pecuniary Losses
		Summary Table
		Non-Pecuniary Losses
		Aggravated and Punitive (or Exemplary) Damages
		Summary Table
		Collateral Benefits
	13 Breach of Statutory Duty
		Does the Statute Confer on the Plaintiff a Right to Sue?
		Was the Plaintiff a Member of the Protected Class?
		Was the Statute Directed at Preventing the Kind of Harm Suffered by the Plaintiff?
		The Statutory Duty Must Have been Imposed on the Chosen Defendant
		Has the Statute Been Breached?
		Causation and the Onus of Proof
		Defences, Contribution and Proportionate Liability
	14 Loss Distribution Mechanisms: Vicarious Liability, Non-Delegable Duties, Contribution between Tortfeasors and Proportionate Liability
		Introduction to Loss Distribution Mechanisms
		Vicarious Liability: Introduction
		Vicarious Liability: The Existence of a Relationship of Employer and Employee
		Vicarious Liability: Acting in the Course of Employment
		Vicarious Liability: The Employer's Indemnity from the Employee
		Non-Delegable Duties
		Contribution between Tortfeasors and Proportionate Liability
	15 Nuisance
		Two Types of Private Nuisance
		Private Nuisance by Interference with Use and Enjoyment of Property Rights
		Private Nuisance by Material Physical Damage; Strict Liability in Nuisance and the Onus of Proof
		Private Nuisance and Personal Injuries
		Private Nuisance: Who Has Standing to Sue?
		Private Nuisance: Who May Be Found Liable?
		Statutory Authorisation as a Defence to an Action in Private Nuisance
		Contributory Negligence as a Defence to an Action in Private Nuisance
		Remedies in Private Nuisance
		Public Nuisance
	16 Trespass to the Person
		Battery
		Assault
		False Imprisonment
		The Onus of Proof and Negligent Trespass
		The Effect of Statutory Reform
	17 Trespass to Land
		What is 'Land' for the Purposes of Trespass to Land?
		The Plaintiff's Title to Sue in Trespass
		The Effect of Consent or Other Authorisation
	18 Intentional Torts Relating to Goods
		Trespass to Goods
		Conversion
		Detinue
	19 Defences to and Remedies for Intentional Torts
		Defences
		Necessity
		Self-Defence, Provocation and Defence of Another
		Protection of Property and Goods, Re-Entry on Land and Recaption of Goods
		Contributory Negligence
		Consent, Inevitable Accident and Mistake
		Statutory Authorisation
		Remedies
	20 Defamation
		What Makes a Publication Defamatory?
		Publication
		Who May Bring an Action in Defamation?
		Defences
		Remedies
	21 Revision
		Critique of Negligence: Personal Injuries, No-Fault Compensation and Reform
		Comprehensive Revision Problem
		Discussion for Comprehensive Revision Problem
		Additional Problem for your Consideration: Daisy Bay — Revisited
		One More Problem for the Road, with a Negligence Focus (and Some Defamation, for Good Measure): Additional Anguish in Daisy Bay
Index