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