Textbook on. David Howarth Clare College, Cambridge
|
|
- Amie Wilkins
- 5 years ago
- Views:
Transcription
1 Textbook on David Howarth Clare College, Cambridge Butterworths London, Dublin, Edinburgh 1995
2 vu Contents Preface v Table of statutes xvii List of cases xxi Chapter 1 What is tort law? 1 Introduction 1 The functions of tort law 6 Compensation mechanism 7 Deterrence mechanism 9 Rectificatoryjustice 11 Method of testing the reasonableness of new behaviour 13 The economics of tort law a very brief introduction 15 The Coase Theorem 17 The costs of accidents 19 Chapter 2 Negligence: a preface 25 English negligence law and the struggle against generality 26 The appealof thefault system 32 Plan of the negligence chapters 33 Chapter 3 Fault 35 What is reasonable behaviour? 37 Fact or law 37 The reasonable man 38
3 viii Contents What does a reasonable person take into account? 40 Chance of an accident happening 41 In general 41 Threshold of risk 41 Seriousness of accident if it does happen 44 Cost of the accident summary 46 Adverse consequences of precaution 48 Private costs 49 Costs to others (1) general 50 The cost to others (2) dilemmas, emergencies and rescuers 51 Social and private costs together 55 Illegality 56 Knock-on effects as costs 56 Chances of adverse consequences materialising 57 The effectiveness issue 57 How does a reasonable person weigh factors? 60 The meaning of foreseeability 65 Mental state of the defendant 69 Intentional or unintentional 70 Children and the mentally ill 70 Capacity 71 A different standard? 73 The relevance of expertise 75 Is specialist training necessary? 76 Experts who fail to meet the ordinary standards of their profession 77 What should the level of ordinary competence for the profession be? 77 Bolam and other professions 78 Learners 81 Proofoffault 83 General standards 84 Subsequent remedial measures 85 Res ipsa loquitur 85 Other uses of res ipsa loquitur 86 Impacted information 87 Creating strict liability 87 Chapter 4 Causation and remoteness 88 The function of causation 89 Cause in fact basic concepts 90 'Probability 1 92 Causal puzzle cases 93 Two hunter problem 94 Causes that never happened McWilliams 95 Increasingrisks -McGhee 96 Hotson and loss of a chance 98 Economie loss cases proving there has been a loss 101
4 Contents ix Baker v Willoughby and supervening cause 102 Wilsher v Essex and multiple possibilities 104 Remoteness 108 The function of remoteness 108 The relationship between remoteness and the rest of negligence 111 The consequences of joint and several liability for remoteness issues 111 Remoteness in the age ofproportional fault 112 Causation and remoteness causal fade and remoteness proper 113 Foreseeability cures all Hls? 114 Remoteness and duty 114 The law in detail 118 Pre-existing condition of the plaintiff 118 Actions by the plaintiff 126 Jnterventions by others 136 THE DIEECTNESS APPEOACH 136 THE FORESEEABILITY APPROACH 137 MIXED APPROACHES AND THE SURVIVAL OF DIRECTNESS 140 Intervening natural events 148 Type'ofharm 154 Chapter 5 Duty 157 Three sources of confusion 158 What duty cases are about 161 Summary of duty arguments Pure omissions No deterrence value Allocation ofpublic resources Integrity of other legal rules Plaintiff 's interest notprotected Absolute public benefit Defendant immunity Lack ofauthority Lack of special relationship 'proximity' 167 Pure omissions 171 Doubts about the concept of prior relationship 175 Doubts about the meaning of 'pure omission' 180 Doubts about whether there is a separate rule 183 Arguments for the traditional rule 184 No deterrence value 185 Natural deterrents 186 Natural deterrents plus the esdsting law adequate remedies elsewhere 187 Perverse incentives 191 Burden of persuasion 195 Court's role in the allocation of public resources 195 The basic idea 196 Detailed reasons for prohibiting the duty of care in cases involving the allocation of public resources 197 Single case 198
5 x Contents Inadequacies of adversarial system 199 No criteria by which to judge. 200 Judges andjuries not trained to assess such issues 201 Democracy and authority 201 A different view Lord Edmund-Davies in McLouglin v O'Brian 202 Excursus on the liability of public bodies 207 Related points that are really fault arguments in disguise. 211 State should be allowed to experiment 211 Difficulty ofjudging professionals 212 Integrity of other legal rules 213 Negligence vs contract 214 Negligence vs other torts 223 Negligence vs procedural law 226 Negligence and administrative law 229 Negligence vs company law and other miscellaneous provisions 233 Plaintiff's interest not protected 234 Interests/ types of harm not recognised at all 234 Relational interests plaintiff 's interests partially recognised 238 Pure economie loss 242 Nervous shock orpsychiatrie damage 248 DIRECT NON-RELATIONAL NERVOUS SHOCK 248 RELATIONAL NERVOUS SHOCK 254 Absolute public benefit 259 Defendant immunity 260 Lack of authority 262 Lack of relationship 'proximity' 262 Chapter 6 Economie loss and negligence 267 The basic principle economie loss not recoverable 269 The Hedley Byrne exception to the rule 275 Some frequently asked questions about Hedley Byrne 277 The present debate about Hedley Byrne 280 Caparo v Dickman 280 White v Jones 283 Spring v Guardian Assurance 286 Henderson v Merrett 290 Anomalies 294 Surveyors vs auditors 294 Piggy back loss 295 Difference between economie loss and property damage 296 Arguments allegedly lying behind present law 300 Separation of tort and contract 300 Protecting the English third party benefit rule 301 Contract about expectations and benefits, tort about harms and losses and the supposed uncertainty of economie loss 303 Problems ofassessing value when no exchange 303 Anthropological objections to mixing tort and contract 306
6 Economie incentives 308 Protection of competitive process 309 Waste of resources 310 Lord Denning, Robert Reich and paper entrepreneurialism 314 Externalities and the production ofvaluable information 316 Floodgates 318 Flooding the courts rights too popular to grant 319 Flooding the defendant 319 Distance from the paradigm case of negligence, viz personal injury 322 Who benefits from the compensability of economie loss? 326 Relational loss 326 Summary and conclusions 328 Contents xi Chapter 7 Breach of statutory duty (1) in general 332 Introduction 332 Negligence per se 333 Evidence of negligence 333 No liability unless additional evidence of intent to protect specific group 334 Fault 335 Predictability 335 Suppression of vice 336 The law in detail 338 When is there a private right of action? 338 Plaintiff can't show fault 338 Forms of loss not recoverable in negligence 345 Contract puts the risk on plaintiff 352 An obsolete reason evading the common employment rule 354 Causation and remoteness 356 Defences 359 Public nuisance breach of statutory duty without a statute 360 Chapter 8 Breach of statutory duty (2) specific statutory duties 366 Occupiers' liability 368 The 1957 Act 369 Occupiers 370 Premises 371 Visitors 372 Common duty of care 375 CHILDREN 375 VISITORS WTTH SPECIAL SKILLS 376 WARNINGS 377
7 xii Contents Exclusion o f liability 378 Independent contractors 380 The 1984 Act 381 Non-occupiers' liability 383 Vendors and landlords 383 Builders and architects 385 Local authorities 386 Economie loss 386 Liability for animals 387 Liability for damage caused by animals 387 Keepers 390 Defences 390 Liability for straying livestock 391 Dogs ihat worry livestock 392 Products liability 392 What is products liability? 393 Possible liability regimes 395 Arguments about the best rule 397 Economie arguments 397 Moral arguments 403 Political arguments 405 The law in detail 405 The 1985 Directive 405 The 1987 Act 410 BASIC LIABILITY STANDARD 411 DEFENCES 417 REMOTENESS AND CAUSATION 424 CONTRIBUTORY NEGLIGENCE Differences between the Act and the Directive 427 AGRICULTURAL PRODUCTS 427 'PURPOSE' IN s 'DLD NOT SUPPLY" VS *DID NOT PUT IN CIRCULATION' 429 STATE OF THE ART 429 Common law liability 430 Intermediate inspection 431 Proving fault 432 Employers' liability 434 Common law 434 Competent fellow workers 436 Safe place of work 437 Safe equipment and materials 437 Effective supervision and a safe system of work 439 Chapter 9 Intentional torts (1) physical interference 441 Trespass to land 441 Intention 442 Interference 443 Licence, authority and necessity 445
8 Contents xiii Who can sue 447 Remedies 448 Trespass to goods 452 Assault and battery 453 Technical requirements 454 Mental element 455 Consent 456 Lawful arrest 458 False imprisonment 459 Restraint 459 Mental element 462 Knowledge of plaintiff 462 Who can be sued? 463 Prisoners'rights 465 Defences 465 Malicious prosecution 465 Prosecution 466 Ended in the plaintiff s favour 467 No reasonable and probable cause 468 Malice 468 Damage 468 A general tort? Wilkinson v Downton to Khorasandjian v Bush 469 Chapter 10 Intentional torts (2) economie and moral interests 471 Conversion 471 Inducing a breach of contract and interfering with contract 474 Conspiracy 484 Interference in trade or business by unlawful means 487 Breach of confidence 492 Chapter 11 Nuisance and Rylands v Fletcher 495 Who ought to win nuisance cases? an economist's view 497 What is a nuisance? 499 The degree of interference 501 The purpose of the def endant's activity 502 Reasonableness of the plaintiff's expectations 504 Locality 504 Type of loss 507 Unusual sensitivity 510 Fault 511 Parties to the action 515 Defences 520
9 xiv Contents Prescription 520 Statutory authority 521 Remedies 522 Injunction 522 Damages 524 Abatement 525 Rylands v Fletcher 526 'Strict liability' 531 Escape 533 Accumulating dangerous things 534 Remoteness 534 Act or state of the plaintiff 535 Third party interventions 535 Special cases fire and nuclear incidents 536 Fire 536 Nuclear radiation 537 Chapter 12 Defamation 539 Malicious falsehood, economie loss and reputation 540 Who can have a reputation? 542 What is defamatory? 543 Three tests 544 Judge vs jury and the 'meaning' of words 545 Temporal change, minority opinions and the virtuous few 547 Vulgar abuse 551 True and false innuendo 552 Reference to plaintiff 553 An objective test the loose-thinking man on the Clapham omnibus 554 Unintentional defamation 554 Group libel 556 Publication 558 Standard of care 558 Republication 560 Innocent dissemination 562 Slander 565 Defences 567 Truthorjustification 567 The sting of the libel and context 568 'It is alleged that' 569 Conclusiveness of convictions 569 Fair comment 570 Comment vs fact 571 Public interest 574 Basis in truth 575 Fairness of the comment 575
10 Contents xv Absence ofmalice 577 Absolute privilege 577 Parliament 577 Courts 578 Civil service 580 Qualified privilege 580 Reporis about matters of public interest 580 Matters of private duty and interest 581 Malice 584 Consent 584 Remedies 585 Injunctions 585 Damages 585 Bad reputation 590 Chapter 13 Damages 591 Types of damages awarded 592 Nominal damages 592 General and special damages 593 Aggravated damages 593 Exemplary or punitive damages 595 Heads of compensatory damages 601 The effects of lump sum compensation 602 Waitandsee 602 Lump sums, interest rates and the art ofprophecy 603 Avoiding the lump sum structured settlements 606 Loss of earnings 608 Lost earnings before trial 609 Lost future earnings 610 The lost years 612 Collateral benefits 613 Expenses 616 Mitigation 617 Expenses of others 617 Wrongful conception 619 Pain and suffering 621 Loss of amenity 621 Property damage 622 Interest 623 Other sources of compensation 624 The Motor Insurers Bureau 624 The Criminal Injuries Compensation Board 625 Death and the Fatal Accidents Act 626 Survivorship actions 627 Dependency claims under the Fatal Accidents Act 627 Calculating the damages 629 Contribution 630
11 xvi Contents Chapter 14 Vicarious liability 632 Has the employer committed a tort itself? 635 Has someone else committed a tort? 635 Is the tortfeasor an employee of the employer? 636 Was the tort committed in the course of employment? 641 Not doing the job at all 644 The dishonesty torts 644 Deviating motor vehicles 646 Is the tortfeasor an independent contractor of the employer? 648 Is there a non-delegable duty? 649 Extra-hazardous activities 650 Employers' common law duties 650 Bailees 650 Public nuisance and the highway 651 'Collateral negligence' 651 Chapter 15 Defences 652 Contributory negligence 652 Proportionality 653 Responsibility, causation, standards and proportionality 654 Seat-belts, crash-helmets and causation % contributory negligence 658 Apportionment 658 Standard of care 659 Contributory negligence in torts other than negligence 660 Volenti non fit injuria or consent 661 Voluntary' 663 Agreed in advance or causation 663 IUegality 665 Necessity 669 Index 671
Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. General Principles of Liability
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: General Principles of Liability 1.1 Introduction 1.2 Interests protected 1.3 The mental element in tort 1.3.1 Malice
More informationLaw of Tort (Paper 22, Unit 22) Syllabus - for the June and October 2009 Examinations
Outline of assessment Law of Tort (Paper 22, Unit 22) Syllabus - for the June and October 2009 Examinations Time allowed: 3 hours. Each question carries a total of 25 marks. The examination paper is divided
More informationTORTS SPECIFIC TORTS NEGLIGENCE
TORTS A tort is a private civil wrong. It is prosecuted by the individual or entity that was wronged against the wrongdoer. One aim of tort law is to provide compensation for injuries. The goal of the
More informationTORT LAW. Third Edition. Lewis N. Klar, Q.C. B.A., B.C.L., LL.M. Professor of Law University of Alberta THOMSON - ^ CARSWELL
TORT LAW Third Edition Lewis N. Klar, Q.C. B.A., B.C.L., LL.M. Professor of Law University of Alberta THOMSON - ^ CARSWELL TABLE OF CONTENTS Preface Table ofcases v xix Chapter 1 INTRODUCTION TO TORT LÄW
More informationWINFIELD TORT EIGHTH EDITION J. A. JOLOWICZ, M.A.
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.
More informationTHE COMMON LAW LIBRARY CLERK & LINDSELL TORTS TWENTIETH EDITION
THE COMMON LAW LIBRARY CLERK & LINDSELL ON TORTS TWENTIETH EDITION SWEET & MAXWELL &O?3 THOMSON REUTERS Preface Table of Cases Table of Statutes Table of Statutory Instruments Table of Civil Procedure
More informationSummary of Contents. PART I. INTRODUCTION Chapter 1. An Introduction to the Restatement of Torts... 2
Summary of Contents Director s Foreword... Editor s Foreword... iii v PART I. INTRODUCTION Chapter 1. An Introduction to the Restatement of Torts... 2 PART II. INTENTIONAL HARM TO PERSONS OR PROPERTY Chapter
More informationContents. Foreword by Professor Andrew Robertson Preface xvii Table of cases xix Table of statutes lvi
Contents Foreword by Professor Andrew Robertson Preface xvii Table of cases xix Table of statutes lvi v I Introduction 1 I Why have a book on remedies? 1 II What is a remedy? 2 A Monism and dualism 4 B
More informationTHE LAW OF NUISANCE IN CANADA
THE LAW OF NUISANCE IN CANADA Gregory S. Pun, B.A., LL.B. Of the Ontario Bar, Of the British Columbia Bar Margaret I. Hall, LL.B., LL.M. Of the British Columbia Bar LexisNexis* TABLE OF CONTENTS Dedication
More informationLegal Liability in Adventure Tourism
Legal Liability in Adventure Tourism Ross Cloutier Bhudak Consultants Ltd. www.bhudak.com The Legal System in Canada Common Law Records creating a foundation of cases useful as a source of common legal
More informationCED: An Overview of the Law
Torts BY: Edwin Durbin, B.Comm., LL.B., LL.M. of the Ontario Bar Part II Principles of Liability Click HERE to access the CED and the Canadian Abridgment titles for this excerpt on Westlaw Canada II.1.(a):
More informationMacmillan Professional Masters. Torts
Macmillan Professional Masters Torts Macmillan Professional Masters Law titles Law Series Editor Marise Cremona Basic English Law W.T. Major Company Law Janet Dine Constitutional and Administrative Law
More informationSection 3: The Law of Torts. Nature of Tort
P05 Insurance Law Section 3: The Law of Torts Nature of Tort Question 1: What is a tort? Question 2: Note at least 3 examples of torts. Torts and Crimes The same behaviour may result in a crime and a tort.
More informationWashoe Tribe of Nevada and California. Law & Order Code TITLE 3 TORTS. [Last Amended 10/1/04. Current Through 2/3/09.]
Washoe Tribe of Nevada and California Law & Order Code TITLE 3 TORTS [Last Amended 10/1/04. Current Through 2/3/09.] 3-10 DEFINITIONS The following words have the meanings given below when used in this
More informationCambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level. Published
Cambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level LAW 9084/43 Paper 4 MARK SCHEME Maximum Mark: 75 Published This mark scheme is published as an aid to
More informationCambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level. Published
Cambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level LAW 9084/43 Paper 4 October/November 2016 MARK SCHEME Maximum Mark: 75 Published This mark scheme is
More informationMARK SCHEME for the May/June 2011 question paper for the guidance of teachers 9084 LAW. 9084/43 Paper 4, maximum raw mark 75
UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Level MARK SCHEME for the May/June 2011 question paper for the guidance of teachers 9084 LAW 9084/43 Paper 4, maximum raw mark 75 This mark
More informationrules state, prosecution litigation Justice
The Nature of Law What is Law? o Law can be defined as: A set of rules Made by the state, and Enforceable by prosecution or litigation o What is the purpose of the law? Resolves disputes Maintains social
More informationLAWS1100 Final Exam Notes
LAWS1100 Final Exam Notes Topic 4&5: Tort Law and Business (*very important) Relevant chapter: Ch.3 Applicable law: - Law of torts law of negligence (p.74) Torts (p.70) - The word tort meaning twisted
More informationThis specification is for 2013 examinations
Unit 13 Title: Law of Tort Level: 6 Credit Value: 15 Learning outcomes The learner will: 1 Understand the general principles of tortious liability 2 Understand the objectives of the law of tort Assessment
More informationMARK SCHEME for the May/June 2010 question paper for the guidance of teachers 9084 LAW. 9084/43 Paper 43, maximum raw mark 75
UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Level MARK SCHEME for the May/June 2010 question paper for the guidance of teachers 9084 LAW 9084/43 Paper 43, maximum raw mark 75 This mark
More informationCambridge Assessment International Education Cambridge International Advanced Subsidiary and Advanced Level. Published
Cambridge Assessment International Education Cambridge International Advanced Subsidiary and Advanced Level LAW 9084/42 Paper 4 MARK SCHEME Maximum Mark: 75 Published This mark scheme is published as an
More informationcall-in shows, 922 consent, See also voluntary assumption of risk careless performance of contract, 315 cattle trespass, 773 causation
Index absolute privilege, 926-932 abuse of process, 87-90, 477-478 abuse of public office, 383-391 accidental conduct, 36-39 accidents, successive, 560-564 accountants/auditors, negligence of, 515 act
More informationThe Empowered Paralegal Cause of Action Handbook
The Empowered Paralegal Cause of Action Handbook Carolina Academic Press The Empowered Paralegal Series Robert E. Mongue The Empowered Paralegal: Effective, Efficient and Professional The Empowered Paralegal:
More information9084 LAW. 9084/43 Paper 4, maximum raw mark 75
CAMBRIDGE INTERNATIONAL EXAMINATIONS Cambridge International Advanced Level MARK SCHEME for the May/June 2015 series 9084 LAW 9084/43 Paper 4, maximum raw mark 75 This mark scheme is published as an aid
More informationContract and Tort Law for Engineers
Contract and Tort Law for Engineers Christian S. Tacit Tel: 613-599-5345 Email: ctacit@tacitlaw.com Canadian Systems of Law There are two systems of law that operate in Canada Common Law and Civil Law
More informationMARK SCHEME for the May/June 2012 question paper for the guidance of teachers 9084 LAW. 9084/42 Paper 4, maximum raw mark 75
UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Level MARK SCHEME for the May/June 2012 question paper for the guidance of teachers 9084 LAW 9084/42 Paper 4, maximum raw mark 75 This mark
More informationCivil Liability Amendment (Personal Responsibility) Act 2002 No 92
New South Wales Civil Liability Amendment (Personal Responsibility) Act 2002 No 92 Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Civil Liability Act 2002 No 22 2 4 Consequential repeals
More informationNATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE I Year I Trimester B.A., LL.B (Hons.) Degree Programme TORTS I PROJECT TOPICS
Sl. No. ID No Project Topic Comments Basically to explain the issue of mental element and 1. 1862 1863 Intention and tort liability then compare how relavent it is in civil and criminal liability (including
More informationOAKLAND UNIVERSITY PARALEGAL PROGRAM SYLLABUS. CEPL Substantive Law: TORTS
OAKLAND UNIVERSITY PARALEGAL PROGRAM SYLLABUS CEPL 25070 Substantive Law: TORTS Text: Emily Lynch Morissette, Personal Injury and the Law of Torts for Paralegals, Fourth Edition, Wolters Kluwer. Faculty:
More informationDamages in Tort 6. Damages in Contract 18. Restitution 27. Rescission 32. Specific Performance 38. Account of Profits 40.
LW401 REMEDIES Damages in Tort 6 Damages in Contract 18 Restitution 27 Rescission 32 Specific Performance 38 Account of Profits 40 Injunctions 43 Mareva Orders and Anton Piller Orders 49 Rectification
More informationMARK SCHEME for the October/November 2013 series 9084 LAW. 9084/42 Paper 4, maximum raw mark 75
CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Level MARK SCHEME for the October/November 2013 series 9084 LAW 9084/42 Paper 4, maximum raw mark 75 This mark scheme is published as an aid to teachers
More informationMARK SCHEME for the October/November 2012 series 9084 LAW. 9084/41 Paper 4, maximum raw mark 75
CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Level MARK SCHEME for the October/November 2012 series 9084 LAW 9084/41 Paper 4, maximum raw mark 75 This mark scheme is published as an aid to teachers
More informationCambridge Assessment International Education Cambridge International Advanced Subsidiary and Advanced Level. Published
Cambridge Assessment International Education Cambridge International Advanced Subsidiary and Advanced Level LAW 9084/43 Paper 4 MARK SCHEME Maximum Mark: 75 Published This mark scheme is published as an
More informationCase study OLA Why was his claim under OLA 1957 rejected? 2. What was the alternative claim? 3. What did the first court decide?
Case study OLA 1957 In Poppleton v Trustees of the Portsmouth Youth Activities Committee 2008, a man fell and was badly injured while at an indoor climbing premises. He claimed under both the OLA 1957
More informationA. COURSE DESCRIPTION
SCHOOL OF LAW Year 2013/14 Term 1 LAW 105: TORT LAW J.D. STUDENTS SECTION INSTRUCTOR: DAVID N. SMITH PRACTICE PROFESSOR OF LAW Tel: 6828 0788 Email: davidsmith@smu.edu.sg Office: School of Law: level 4,
More informationBusiness Law Tort Law Unit Textbook
Business Law Tort Law Unit Textbook Tort Law 1 UNIT OUTLINE 1. Tort Law 2. Intentional Torts A. Assault and Battery B. False Imprisonment and Arrest C. Fraud D. Intentional Infliction of Emotional Distress
More informationTORTS SUMMARY LAWSKOOL PTY LTD
SUMMARY LAWSKOOL PTY LTD CONTENTS INTRODUCTION TO NELIGENCE 7 DUTY OF CARE 8 INTRODUCTION 8 ELEMENTS 10 Reasonable foreseeability of the class of plaintiffs 10 Reasonable foreseeability not alone sufficient
More informationHEALTH CARE LIABILITY UPDATE, 2014
HEALTH CARE LIABILITY UPDATE, 2014 PAULA SWEENEY Slack & Davis 2911 Turtle Creek Boulevard Suite 1400 Dallas Texas 75219 (214) 528-8686 psweeney@slackdavis.com State Bar of Texas ADVANCED MEDICAL TORTS
More informationHow to use this book Acknowledgements
How to use this book Acknowledgements xi xiii CHAPTER 1 Skills for Legal Studies 1 Language skills 2 1. Planning to write, and writing 2 Writing paragraphs (for explanations or summaries), and extended
More informationThis specification is for 2011 examinations
Unit 5 Title: Law of Tort Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the meaning of the term the tort of 2 Understand the tests for establishing a duty of care in cases of
More informationL.L.M. (Previous) DEGREE EXAMINATION, MAY TORTS AND CRIMES
( D 1233 TCL) L.L.M. (Previous) DEGREE EXAMINATION, MAY 2007. TORTS AND CRIMES Paper II GENERAL THEORY AND PRINCIPLES OF TORT LIABILITY - I 1. Explain the term Tort distinguish between Tort and Crime,
More informationELEMENTS OF LIABILITY AND RISK
ELEMENTS OF LIABILITY AND RISK MANAGEMENT II. Torts 1. A tort is a private or civil wrong or injury for which the law will provide a remedy in the form of an action for damages. 3. Differs from criminal
More informationAssessment criteria. The learner can: 1.1 Define tort. 1.2 Explain the characteristics of tort. 2.1 Explain the objectives of the law of tort
Unit 13 Title: Law of Tort Level: 6 Credit Value: 15 Learning outcomes The learner will: 1 Understand the general principles of tortious liability 2 Understand the objectives of the law of tort Assessment
More informationTORT LAW. By Helen Jordan, Elaine Martinez, and Jim Ponce
TORT LAW By Helen Jordan, Elaine Martinez, and Jim Ponce INTRO TO TORT LAW: WHY? What is a tort? A tort is a violation of a person s protected interests (personal safety or property) Civil, not criminal
More informationCanadian Systems of Law Contract and Tort Law for Professionals There are two systems of law that operate in Canada: Common Law and Civil Law.
Canadian Systems of Law Contract and Tort Law for Professionals There are two systems of law that operate in Canada: Common Law and Civil Law. Common Law operates in all Canadian Provinces and territories
More informationBLAW BUSINESS LAW, SECTION B3
UNIVERSITY OF ALBERTA School of Business Department of Marketing, Business Economics and Law BLAW 301 - BUSINESS LAW, SECTION B3 Professor: Ivan Ivankovich Course Outline Class: TR 9:30-10:50 Term 2, Winter
More informationLaw of the United States
Law of the United States An Overview by Peter Hay L. Q. C. Lamar Professor of Law Emory University, Atlanta Universitatsprofessor (ret.), Dresden Third Edition C.H.BECK Bruylant, Brussels 2010 Preface
More informationNEGLIGENCE. All four of the following must be demonstrated for a legal claim of negligence to be successful:
NEGLIGENCE WHAT IS NEGLIGENCE? Negligence is unintentional harm to others as a result of an unsatisfactory degree of care. It occurs when a person NEGLECTS to do something that a reasonably prudent person
More informationI. TRESPASS AND INTENTIONAL INTERFERENCE WITH THE PERSON... 6
March 2017 CONTENTS I. TRESPASS AND INTENTIONAL INTERFERENCE WITH THE PERSON... 6 1. GENERAL PRINCIPLES... 6 Intent... 6 Transferred intent... 6 Directness... 6 Volition... 6 Capacity... 6 2. ASSAULT...
More informationNegligence: Approaching the duty of care
Negligence: Approaching the duty of care Introduction: Elements of negligence: - The defendant owed the plaintiff a duty of care. - That the duty must have been breached. - That breach must have caused
More informationMBE WORKSHOP: TORTS PROFESSOR LISA MCELROY DREXEL UNIVERSITY SCHOOL OF LAW
CHAPTER 1: TORTS MBE WORKSHOP: TORTS PROFESSOR LISA MCELROY DREXEL UNIVERSITY SCHOOL OF LAW Editor's Note 1: The below outline is taken from the National Conference of Bar Examiners' website. NOTE: The
More informationContents. Introduction xvi. Unit 1: Our Legal Heritage 9. How to Use This Book xvi. How to Get the Most from This Course 2
Contents Table of Cases ix Table of Statutes xiii Acknowledgements xv Introduction xvi How to Use This Book xvi How to Get the Most from This Course 2 Researching Legal Concepts 2 Making Notes 2 Studying
More informationNumber 41 of 1961 CIVIL LIABILITY ACT 1961 REVISED. Updated to 13 April 2017
Number 41 of 1961 CIVIL LIABILITY ACT 1961 REVISED Updated to 13 April 2017 This Revised Act is an administrative consolidation of the. It is prepared by the Law Reform Commission in accordance with its
More informationLAW203 Torts Week 1 Law and Theory CH 1 + 2
LAW203 Torts Week 1 Law and Theory CH 1 + 2 Tort Law Categories Intentional/Trespass Torts Trespass to Person (Assault, Battery & False Imprisonment) Trespass to Land Trespass to Goods (including Conversion
More informationMARK SCHEME for the October/November 2013 series 9084 LAW. 9084/43 Paper 4, maximum raw mark 75
CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Level MARK SCHEME for the October/November 2013 series 9084 LAW 9084/43 Paper 4, maximum raw mark 75 This mark scheme is published as an aid to teachers
More informationBibliography. Baker and Milsom (1986) Sources of English Legal History (Butterworths).
273 Bibliography Alexander (1972) 'The Law of Tort and Non-Physical Loss: Insurance Aspects', 12 JSPTL 119. Allen et a/. (1979) Accident Compensation after Pearson (Sweet & Maxwell). Atiyah (1967) 'Vicarious
More informationCIVIL PROCEEDINGS: BURDEN AND STANDARD OF PROOF
CIVIL PROCEEDINGS: BURDEN AND STANDARD OF PROOF ISBN 978-983-3519-31-6 Author: Nasser Hamid Binding: Softcover The law is stated as of January 31 2012 INTRODUCTION 1 ACCOUNTS 1 CARRIAGE OF GOODS BY SEA
More informationSCHOOL OF LEGAL STUDIES CENTRAL UNIVERSITY OF KASHMIR
SCHOOL OF LEGAL STUDIES CENTRAL UNIVERSITY OF KASHMIR CURRICULUM TRANSACTIONAL STRATEGY (CTS) IL-205 Law of Torts and Motor Vehicles Act Prepared by Gulafroz jan Assistant Professor School of Legal Studies
More informationChapter 6 Torts Byron Lilly De Anza College Byron Lilly De Anza College
Chapter 6 Torts 1 Common Torts Defamation = Libel and Slander Negligence False imprisonment Battery, Assault, Fraud Interference with a contract Commercial exploitation of another s identity or likeness
More informationLiability for Injuries Caused by Dogs. Jonathan Owen
Liability for Injuries Caused by Dogs Jonathan Owen Introduction 1. This article addressed the liability for injuries caused by dogs, such as when a person is bitten, or knocked over by a dog. Such cases,
More informationLAWS206 TORTS Semester Georgia Gamble
LAWS206 TORTS Semester 1 2014 Georgia Gamble 1. Week One The Nature of Tort Law 1.1 What is a tort? Rules and principles of tort law are relevant to a wide range of common phenomena as diverse as industrial
More informationParticular Crimes can be grouped under 3 headings: Crimes against people Crimes against property Crimes against business interests
Criminal Law Particular Crimes can be grouped under 3 headings: Crimes against people Crimes against property Crimes against business interests Crimes Against People Murder unlawful killing of another
More informationTORTS. University of Houston Spring, Deana Pollard-Sacks, Visiting Professor of Law
TORTS University of Houston Spring, 2013 Deana Pollard-Sacks, Visiting Professor of Law Cell phone: 713.927.9935 Email: professorpollard@comcast.net Class meets: Tu & Th 6:00 7:20 PM and Wed 7:30-8:50
More informationCONDENSED OUTLINE FOR TORTS I
Condensed Outline of Torts I (DeWolf), November 25, 2003 1 CONDENSED OUTLINE FOR TORTS I [Use this only as a supplement and corrective for your own more detailed outlines!] The classic definition of a
More information(D 1231 LL/CL/ TCL/CSL)
(D 1231 LL/CL/ TCL/CSL) LL.M. DEGREE EXAMINATION, DECEMBER 2011. First Year Paper I RESEARCH METHODOLOGY (Common to all branches) Time : Three hours Maximum : 100 marks Answer any FIVE questions. All questions
More informationPreface... Introduction...
Preface... Introduction... Cases... iii xi xxv Chapter 1 Torts and Law Enforcement Officials... 1 1A) STRIP SEARCHES... 1 General... 1 Strip Searches and Damages... 4 Sentencing of Law Enforcement Officials
More informationPrinciples of Common Law 4 January 2017
Prof. Dr. iur. Kern Alexander Fall 06 Principles of Common Law 4 January 07 Duration: 0 minutes Please check both at receipt as well as at submission of the exam the number of question sheets. The examination
More informationA CASEBOOK ON SCOTTISH CRIMINAL LAW
A CASEBOOK ON SCOTTISH CRIMINAL LAW Fourth Edition Christopher H.W. Gane, LL.B., Professor of Scots Law, University of Aberdeen Charles N. Stoddart, LL.B., LL.M. (McGill), Ph.D., Formerly Sheriff of Lothian
More informationUnderstanding the RM Process
Associate in Risk Management ARM 54 -Chapter 4 Understanding the Legal Foundations of Liability Loss Exposures Presented by: Lynne Lovell RHU CLU ChFC CIC CRM ARM CPCU AFSB ASLI AINS MLIS CRIS Understanding
More information9084 LAW 9084/41 Paper 41 (Law of Tort), maximum raw mark 75
UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Subsidiary Level and GCE Advanced Level MARK SCHEME for the October/November 2009 question paper for the guidance of teachers 9084 LAW 9084/41
More informationTHE LAW OF CONTRACT REMEDIES FOR BREACH. Towards Codification of Israeli Civil Law
GABRIELA SHALEV YEHUDA ADAR THE LAW OF CONTRACT REMEDIES FOR BREACH Towards Codification of Israeli Civil Law GABRIELA SHALEV YEHUDA ADAR THE LAW OF CONTRACT REMEDIES FOR BREACH Towards Codification of
More informationACCAspace ACCA F4. Provided by ACCA Research Institute. Corporate and Business Law (CL) 公司法与商法 ACCA Lecturer: Eli Qiu. ACCAspace 中国 ACCA 特许公认会计师教育平台
ACCAspace Provided by ACCA Research Institute ACCA F4 Corporate and Business Law (CL) 公司法与商法 ACCA Lecturer: Eli Qiu ACCAspace 中国 ACCA 特许公认会计师教育平台 Copyright ACCAspace.com 2 a) Explain the meaning of tort
More informationEcon 522 Review 3: Tort Law, Criminal Law, and the Legal Process
Econ 522 Review 3: Tort Law, Criminal Law, and the Legal Process Spring 2014 This document is by no means comprehensive, but instead serves as a rough guide to the material we have discussed on tort law,
More informationNON-CONTRACTUAL LIABILITY UNDER SPANISH LAW (a comparative perspective with French and German Law)
NON-CONTRACTUAL LIABILITY UNDER SPANISH LAW (a comparative perspective with French and German Law) UCL, March 15, 2013 Yolanda Bergel Sainz de Baranda Universidad Carlos III de Madrid 1 Non-contractual
More informationHow to Use Torts Tactically in Employment Litigation
How to Use Torts Tactically in Employment Litigation Ty Hyderally, Esq. Hyderally & Associates, P.C. 33 Plymouth Street, Suite 202 Montclair, NJ 07042 tyh@employmentlit.com www.employmentlit.com O- (973)
More informationList of Figures. Acknowledgments About the Author
Contents List of Figures Preface Acknowledgments About the Author xxi xxiii xxvii xxix PART A LAWS AND COURTS CHAPTER 1. OUR LEGAL SYSTEM 3 1.1 Common Law versus Civil Law 4 1.1.1 Common Law 4 1.1.2 Civil
More informationCriminal Law Doctrine and Theory
Criminal Law Doctrine and Theory Third edition William Wilson Hartow, England - London New York Boston San f rancisco Toronto Sydney Tokyo Singapore Mong Kong Seoul Taipei New Delhi Cape Town Madrid Mexico
More informationCriminal Law. Text, Cases, and Materials. Janet Loveless. Third Edition UNIVERSITY PRESS
Criminal Law Text, Cases, and Materials Third Edition Janet Loveless UNIVERSITY PRESS Contents Guide to using the book Guide to the Online Resource Centre this edition Preface Acknowledgements Table cases
More informationIntentional Torts. What Is a Tort? Tort Recovery
Intentional Torts What Is a Tort? A tort is a civil wrong that is not a breach of contract. There are four types of (civil) wrongfulness. Intent the desire to cause certain consequences or acting with
More informationmatter of fact A Breach of Duty: Identify the Risks
Table of Contents Breach of Duty:... 2 Inherent Risk... 4 Obvious Risk... 4 Causation... 4 Remoteness... 6 Defences to Negligence... 6 Volens Contributory negligence Unlawful conduct Statute of Limitation
More informationCRIMINAL LAW. Sweet &. Maxwell's Textbook Series. 4th edition
CRIMINAL LAW Sweet &. Maxwell's Textbook Series 4th edition Alan Reed, M.A., LL.M., Solicitor Professor of Criminal and Private International Law, University of Sunderland and Ben Fitzpatrick, B.A., P.G.C.L.T.H.E.
More informationFinancial Services and Markets Act 2000
Financial Services and Markets Act 2000 2000 Chapter c.8 ARRANGEMENT OF SECTIONS PART I THE REGULATOR Section 1.The Financial Services Authority. The Authority's general duties 2. The Authority's general
More informationPRINCIPLES OF EUROPEAN TORT LAW
EUROPEAN GROUP ON TORT LAW AS OF JULY 3, 2004 OVERVIEW PART 1. GENERAL PRINCIPLES TITLE I. Basic Norm Chapter 1. Basic norm TITLE II. General Conditions of Liability Chapter 2. Damage Chapter 3. Causation
More informationClinical negligence by Marc Cornock Senior Lecturer Faculty of Health, Wellbeing and Social Care The Open University
Clinical negligence by Marc Cornock Senior Lecturer Faculty of Health, Wellbeing and Social Care The Open University Address: Faculty of Health, Wellbeing and Social Care The Open University Horlock Building
More informationTorts: Exam Notes LAW5003 Trimester 1, 2016
Torts: Exam Notes LAW5003 Trimester 1, 2016 1 of 58 Trespass to the Person 4 Battery 4 Assault 6 False Imprisonment 8 Defences 10 Consent 10 Self-defence, defence of another or defence to property 11 Necessity
More informationChapter II, Book III, Code Civil Of Intentional and Unintentional Wrongs
Chapter II, Book III, Code Civil Of Intentional and Unintentional Wrongs Art. 1382 (now Art. 1240) Any act whatever of man, which causes damage to another, obliges the one by whose fault it occurred, to
More informationLegal Liability. Sophie Foyston ROB
Legal Liability Sophie Foyston ROB14236233 Contents Task 1... 3 Part 1 (P1 and P2)... 3 Neighbour Principle... 3 Duty of Care... 3 Breach of Duty... 3 Damage... 4 Compensation... 4 Part 2 (M1)... 5 Part
More informationTOPIC 2: LEGAL REMEDIES (DAMAGES - IN TORT AND CONTRACT)
TOPIC 2: LEGAL REMEDIES (DAMAGES - IN TORT AND CONTRACT) Damages in tort to award expectation loss Damages in contract to award for the compensation of expected benefits/disappointed expectations in both
More informationTORT LAW. Fourth Edition. Lewis N. Klar, Q.C. B.A., B.C.L., LL.M. Professor of Law University of Alberta THOMSON * CARSWELL
THOMSON * CARSWELL TORT LAW Fourth Edition Lewis N. Klar, Q.C. B.A., B.C.L., LL.M. Professor of Law University of Alberta TABLE OF CONTENTS Preface Table ofcases v xxiii Chapter 1 INTRODUCTION TO TORT
More informationSUMMARY OF CONTENTS Oregon Jury Instructions for Civil Cases USERS GUIDE... (11/08)
SUMMARY OF CONTENTS Oregon Jury Instructions for Civil Cases USERS GUIDE... (11/08) CAUTIONARY 5. GENERAL CAUTIONARY INSTRUCTIONS Introduction... 5.00 (11/08) Precautionary Instructions... 5.01 (11/08)
More informationRobert I, Duke of Normandy. 22 June July 1035
Robert I, Duke of Normandy 22 June 1000 1 3 July 1035 Speak French here! TORQUE WRENCHES TORTURE And yay how he strucketh me upon the bodkin with great force Ye Olde Medieval Courte Speaketh French,
More information1. Consider standing 2. Consider the three elements to make out a prima facie case 3. Consider defences 4. Consider remedies
TOPIC 1 ESTABLISHING DEFAMATION 1. Consider standing 2. Consider the three elements to make out a prima facie case 3. Consider defences 4. Consider remedies INTRODUCTION The law of defamation is balanced
More informationFall 1994 December 12, 1994 SAMPLE ANSWER TO MID-TERM EXAM QUESTION 1
Professor DeWolf Torts I Fall 1994 December 12, 1994 SAMPLE ANSWER TO MID-TERM EXAM QUESTION 1 The facts for Question 1 are taken from Erbrich Products Co., Inc. v. Wills, 509 N.E.2d 850 (Ind. 1987), in
More informationCorrelation of Law in Action: Understanding Canadian Law With Canadian Law 2104/2204. Reference Pages
Correlation of Law in Action: Understanding Canadian Law With Canadian Law 2104/2204 Curriculum Outcomes UNIT 1: FOUNDATIONS OF LAW IN CANADA SCO 1.1: Students will be expected to understand the historical
More informationANSWERS TO BUSINESS LAW WHAT S YOUR OPINION? QUESTIONS
CHAPTER 7 SECTION 1 THE LAW OF TORTS ANSWERS TO BUSINESS LAW WHAT S YOUR OPINION? QUESTIONS 1. a) There was not proof a crime was committed. Therefore, there would be no justification for holding Wishart.
More information4. What is private law? 3. What are laws? 1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, What is the purpose of Law?
1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, 14 2. What is the purpose of Law? Laws reflect the values and beliefs of a society. A rule enforced by government 3. What are laws? 1)Set
More informationSTATE OF IOWA RETAIL COMPENDIUM OF LAW
STATE OF IOWA RETAIL COMPENDIUM OF LAW Prepared by Kevin J. Visser Simmons Perrine Moyer Bergman PLC 115 Third Street SE, Suite 1200 Cedar Rapids, IA 52401-1266 Telephone: 319-366-7641 Email: kvisser@simmonsperrine.com
More informationHYDERALLY & ASSOCIATES, P.C.
HYDERALLY & ASSOCIATES, P.C. Ty Hyderally, Esq. 33 Plymouth Street, Suite 202 Montclair, NJ 07042 tyh@employmentlit.com www.employmentlit.com O- (973) 509-8500 F (973) 509-8501 HOW TO USE TORTS TACTICALLY
More informationTorts Office: Hazel Hall 307 Office Hours: Tuesday, 8:00 PM to. August 20 through November 27 Exam: Monday, Dec. 10 at 6:00 PM
Law 110, Section 004 Robert Leider Torts Office: Hazel Hall 307 Hazel Hall Office Hours: Tuesday, 8:00 PM to TR: 6:00-7:50 PM 9:00 PM, and by appointment Fall Semester: E-mail: rleider@gmu.edu August 20
More information