Tort: : Cases and materials

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.