WINFIELD TORT EIGHTH EDITION J. A. JOLOWICZ, M.A.

Transcription

1 WINFIELD ON TORT EIGHTH EDITION BY J. A. JOLOWICZ, M.A. Of the Inner Temple and Gray's Inn, Barrister-at-Law; Fellow of Trinity College, Cambridge; Lecturer in Law of the University of Cambridge AND T. ELLIS LEWIS, B.A., LL.M., PH.D. Of Gray's Inn, Barrister-at-Law; Fellow of Trinity Hall, Cambridge; Lecturer in Law in the University of Cambridge LONDON SWEET & MAXWELL 4967

2 Preface Table of Cases Table of Statutes page vii xiii xlvii References to Year Books lv 1. MEANING OF THE LAW OF TORT 1 The Foundation of Tortious Liability GENERAL CHARACTERISTICS OF TORTIOUS LIABILITY.. 14 Act or Omission 16 Intention or Negligence or the Breach of a Strict Duty. 16 Motive and Malice NOMINATE TORTS TRESPASS TO THE PERSON Assault and Battery 27 False Imprisonment 32 Intentional Physical Harm other than Trespasses to the Person NEGLIGENCE 42 Essentials of Negligence 42 Trespass to the Person and Negligence REMOTENESS OF DAMAGE AND CONTRIBUTORY NEGLIGENCE. 80 Remoteness of Damage 80 Contributory Negligence NERVOUS SHOCK BREACH OF STATUTORY DUTY 128 The Existence of Liability 128 Elements of the Tort 134 Defences 138 Nature of the Action EMPLOYERS' LIABILITY 143 Introductory 143 Common Law 147 Breach of Statutory Duty 158 Employers' Liability LIABILITY FOR LAND AND STRUCTURES Introduction 168 The Common Law 169 The Occupiers' Liability Act ix

3 X 10. LIABILITY FOR LAND AND STRUCTURES continued Liability to Trespassers 192 Liability to Children 199 Liability of Non-Occupiers LIABILITY FOR CHATTELS 212 Nature of the Liability 212 Incidence of the Liability LIABILITY FOR STATEMENTS 226 Essentials of Deceit 227 Liability for Negligent Misstatement DEFAMATION 254 Definition 254 Slander Actionable Per Se 260 Essentials of Defamation Generally " Unintentional Defamation " within the Defamation Act 1952, s Defences TRESPASS TO LAND 323 Trespass Defined 323 Possession 325 Interference 333 Defences 341 Remedies NUISANCE 353 Public and Private Nuisances 354 Nuisances to Servitudes 356 Essentials of Nuisance 357 Defences 391 Nuisance and Trespass to Land 395 Nuisance and Negligence STRICT LIABILITY: THE RULE IN RYLANDS V. FLETCHER. 408 The Rule in Rylands v. Fletcher 408 Scope of the Rule 413 Exceptions to the Rule 417 Relation of the Rule to Nuisance 433 Fire STRICT LIABILITY: ANIMALS 446 Ordinary Liability in Tort 447 Cattle-Trespass 453 Liability under the Scienter Action TRESPASS TO GOODS CONVERSION AND OTHER INJURIES TO GOODS Historical 485 Detinue 488

4 Xi 19. CONVERSION AND OTHER INJURIES TO GOODS continued Replevin 492 Conversion 493 Measure of Damages INJURIES AFFECTING FAMILY AND SERVICE RELATIONSHIPS. 521 Husband and Wife 521 Parent and Child 527 Master and Servant INTERFERENCE WITH CONTRACT OR BUSINESS Interference with a subsisting contract Intimidation Interference by unlawful means Conspiracy Unlawful competition: Passing off ABUSE OF LEGAL PROCEDURE 573 Malicious Prosecution 573 Malicious Civil Proceedings 584 Malicious Process 585 Maintenance and Champerty MISCELLANEOUS AND DOUBTFUL TORTS Miscellaneous Torts Doubtful Torts 594 Doubtful Wrongs DEATH IN RELATION TO TORT 603 Death as Extinguishing Liability 603 Death as Creating Liability VICARIOUS LIABILITY 629 Master and Servant 629 The Master's Indemnity 647 Employer and Independent Contractor The Basis of Vicarious Liability 654 The Reasons for Vicarious Liability JOINT TORTFEASORS REMEDIES 668 Part I. Damages 668 Kinds of Damages 673 Measure of Damages 676 Actions for Personal Injury 680 Loss of or Damage to Property 697 Part II. Other Remedies CAPACITY 708 The State and its Subordinates 708 Minors 721

5 xii 28. CAPACITY continued Married Women 725 Corporations 728 Clubs 731 Trade Unions 733 Persons of Unsound Mind 733 Convicts 735 Aliens 735 Persons Having Parental or Quasi-Parental Authority DEFENCES EXTINCTION OF LIABILITY IN TORT 772 Waiver. 772 Accord and Satisfaction 776 Judgment. 778 Statutes of Limitation 779 Assignment of Right of Action in Tort Index 795