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New to Hart Publishing, this is the seventh edition of the classic casebook on tort, the first of its kind in the UK, and for many years now a bestselling and very popular text for students. This new edition retains all the features that have made it such a popular and respected text, with extensive commentary, questions and notes supplementing the selection of cases and statutes which form the core of the book. Taking a broadly contextual approach, the book addresses all the main topics in tort law, is up-to-date, doctrinally sound, stimulating and highly readable.
New to Hart Publishing, this is the seventh edition of the classic casebook on tort, the first of its kind in the UK, and for many years now a bestselling and very popular text for students. This new edition retains all the features that have made it such a popular and respected text, with extensive commentary, questions and notes supplementing the selection of cases and statutes which form the core of the book. Taking a broadly contextual approach, the book addresses all the main topics in tort law, is up-to-date, doctrinally sound, stimulating and highly readable.
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Autorenporträt
David Howarth, Fellow of Clare College and Professor of Law and Public Policy, University of Cambridge.
Photograph courtesy of University of Cambridge.
Inhaltsangabe
Contents Introduction 1 PART ONE: Principles and policy of negligence 1. An action for damages in perspective 1 The Bradford football fire 2 Points for discussion 3 Civil Justice Reforms and Funding of Civil Actions 2. The duty of care 1 General Principles 2 Pure Omissions 3 Proximity and Failure to Prevent Harm 3. Duty of care: special problems 1 Liability of Public Authorities 2 Psychiatric Harm 3 Wrongful Conception, Wrongful Birth, and the Unborn Child 4. Pure economic loss 1 The Origins of the Rule against the Recovery of Negligently Caused Economic Loss 2 What Is Pure Economic Loss? 3 The Hedley Byrne Exception 4 The Basis and Development of the Hedley Byrne Exception 5 The Measure of Damages under Hedley Byrne: The 'Scope' of the Duty 5. Breach of duty 1 The Reasonable Person 2 Application of the Standard of Care 3 Aids in Discharging the Burden of Proof 6. Causation and Remoteness of Damage 1 Factual Causation 2 Selection among Operative Factual Causes 3 Foreseeability of the Kind of Damage 4 Development of The Wagon Mound Doctrine 7. Defences : contributory negligence , volenti non fit injuria , exclusion of liability, and illegality and public policy 1 Contributory Negligence 2 Volenti non fit injuria 3 Exclusion of Liability 4 Illegality and Public Policy 8. Assessment of damages 1 The Aims of an Award of Damages 2 Personal Injuries 3 Property Damage PART TWO: SPECIFIC DU TIES AND INTERESTS 9. LIABILITY FOR DEFECTIVE PREMISES 1 Occupiers' Liability 2 Non-occupiers' Liability for Premises 10. Product Liability 1 Negligence 2 Statutory Liability 11. Liability for animals 12. Breach of Statutory Duty 1 Express Creation of New Torts 2 Express Exclusion of Civil Remedy 3 Creation of New Torts by Judicial Interpretation of Statutes 4 The Scope of Protection 5 The 'Eurotort' 6 A Note on Health and Safety Legislation 13. Intentional Interference with the Person 1 Trespass, Intention, and Negligence 2 Assault and Battery 3 False Imprisonment 4 The 'Tort in Wilkinson v Downton' and Harassment 5 Defences 14. Interference with Land 1 Trespass to Land 2 Public Nuisance 3 Private Nuisance 4 Escape of Dangerous Things from Land 5 Fire 15. Intentional economic torts 1 Conspiracy 2 Inducing Breach of Contract 3 Causing Loss by Unlawful Means-the 'Unlawful Means Tort' 4 The Tort of Deceit 16. Interests in Reputation -Defamation 1 Defamation and Freedom of Expression 2 Who Can Sue? 975 3 Words or Matter Defamatory of the Claimant 4 The Distinction between Defamation and Malicious Falsehoods 5 Publication 6 Defences 7 Remedies 8 The Distinction between Libel and Slander 17. Invasion of Privacy PART THREE: Loss Distribution 18. Vicarious Liability 1 Justification for Vicarious Liability 2 Relationship of Employer and Employee 3 Relationships beyond Employment 4 Connection between the Relationship of the Tortfeasor and the Defendant and the Act of the Tortfeasor 5 Liability for Independent Contractors 6 Employer's Liability to Employees 19. Joint Liability 1 Joint Tortfeasance 2 Contribution between Tortfeasors 20. Insurance and Compensation 1 The Relationship between Insurance and Tort Liability 2 Compulsory Insurance Provisions 3 Motor Insurers' Bureau 4 The Settlement Process 5 Other Compensation Systems 6 The Future of Compensation Further Reading
Contents Introduction 1 PART ONE: Principles and policy of negligence 1. An action for damages in perspective 1 The Bradford football fire 2 Points for discussion 3 Civil Justice Reforms and Funding of Civil Actions 2. The duty of care 1 General Principles 2 Pure Omissions 3 Proximity and Failure to Prevent Harm 3. Duty of care: special problems 1 Liability of Public Authorities 2 Psychiatric Harm 3 Wrongful Conception, Wrongful Birth, and the Unborn Child 4. Pure economic loss 1 The Origins of the Rule against the Recovery of Negligently Caused Economic Loss 2 What Is Pure Economic Loss? 3 The Hedley Byrne Exception 4 The Basis and Development of the Hedley Byrne Exception 5 The Measure of Damages under Hedley Byrne: The 'Scope' of the Duty 5. Breach of duty 1 The Reasonable Person 2 Application of the Standard of Care 3 Aids in Discharging the Burden of Proof 6. Causation and Remoteness of Damage 1 Factual Causation 2 Selection among Operative Factual Causes 3 Foreseeability of the Kind of Damage 4 Development of The Wagon Mound Doctrine 7. Defences : contributory negligence , volenti non fit injuria , exclusion of liability, and illegality and public policy 1 Contributory Negligence 2 Volenti non fit injuria 3 Exclusion of Liability 4 Illegality and Public Policy 8. Assessment of damages 1 The Aims of an Award of Damages 2 Personal Injuries 3 Property Damage PART TWO: SPECIFIC DU TIES AND INTERESTS 9. LIABILITY FOR DEFECTIVE PREMISES 1 Occupiers' Liability 2 Non-occupiers' Liability for Premises 10. Product Liability 1 Negligence 2 Statutory Liability 11. Liability for animals 12. Breach of Statutory Duty 1 Express Creation of New Torts 2 Express Exclusion of Civil Remedy 3 Creation of New Torts by Judicial Interpretation of Statutes 4 The Scope of Protection 5 The 'Eurotort' 6 A Note on Health and Safety Legislation 13. Intentional Interference with the Person 1 Trespass, Intention, and Negligence 2 Assault and Battery 3 False Imprisonment 4 The 'Tort in Wilkinson v Downton' and Harassment 5 Defences 14. Interference with Land 1 Trespass to Land 2 Public Nuisance 3 Private Nuisance 4 Escape of Dangerous Things from Land 5 Fire 15. Intentional economic torts 1 Conspiracy 2 Inducing Breach of Contract 3 Causing Loss by Unlawful Means-the 'Unlawful Means Tort' 4 The Tort of Deceit 16. Interests in Reputation -Defamation 1 Defamation and Freedom of Expression 2 Who Can Sue? 975 3 Words or Matter Defamatory of the Claimant 4 The Distinction between Defamation and Malicious Falsehoods 5 Publication 6 Defences 7 Remedies 8 The Distinction between Libel and Slander 17. Invasion of Privacy PART THREE: Loss Distribution 18. Vicarious Liability 1 Justification for Vicarious Liability 2 Relationship of Employer and Employee 3 Relationships beyond Employment 4 Connection between the Relationship of the Tortfeasor and the Defendant and the Act of the Tortfeasor 5 Liability for Independent Contractors 6 Employer's Liability to Employees 19. Joint Liability 1 Joint Tortfeasance 2 Contribution between Tortfeasors 20. Insurance and Compensation 1 The Relationship between Insurance and Tort Liability 2 Compulsory Insurance Provisions 3 Motor Insurers' Bureau 4 The Settlement Process 5 Other Compensation Systems 6 The Future of Compensation Further Reading
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