THE COMMON LAW LIBRARY CLERK & LINDSELL TORTS TWENTIETH EDITION

Transcription

1 THE COMMON LAW LIBRARY CLERK & LINDSELL ON TORTS TWENTIETH EDITION SWEET & MAXWELL &O?3 THOMSON REUTERS

2 Preface Table of Cases Table of Statutes Table of Statutory Instruments Table of Civil Procedure Rules Table of Rules of the Supreme Court Table of European Secondary Legislation Table of International Treaties and Conventions PAGE ix xix ccci cccxxxiii cccxxxix cccxli cccxliii cccxlvii 1. PRINCIPLES OF LIABILITY IN TORT M. A. Jones 1. The nature of tort liability 2. The functions and development of tort liability 3. The framework of tort liability PARA CAUSATION IN TORT: GENERAL PRINCIPLES 2. Factual causation 3. Loss of a chance 4. Causation in law 5. Remoteness of damage M. A. Jones GENERAL DEFENCES 2. Claimant's wrongdoing (ex turpi causa) 3. Contributory negligence 4. Consent and assumption of risk 5. Exclusion of liability 6. Miscellaneous defences M. A. Jones [xi]

3 4. JOINT LIABILITY AND CONTRIBUTION 2. Joint and several torts 3. Contribution 4. Apportionment 5. Indemnity CAPACITY AND PARTIES 2. The Crown 3. Postal services 4. Foreign states and ambassadors 5. Visiting forces 6. Bankrupts 7. Children 8. Persons of unsound mind 9. Husband and wife 10. Assignees 11. Corporations 12. Unincorporated associations and trade unions 13. Partners 14. Joint claimants 15. Judicial acts 16. Statutory protection of justices 17. Ministerial acts 18. Constables ^5 5^ VICARIOUS LIABILITY Liability for employees Liability of the employer Independent contractors Loan of chattel Principal and agent Ratification of torts Limitations on liability FOREIGN TORTS Jurisdiction Choice of law 7-05 [xii]

4 4. Particular types of tort Limitation NEGLIGENCE M. A. Jones 1. The tort of negligence Duty of care Breach of duty BREACH OF STATUTORY DUTY R. Buckley Categorising breaches of statutory duty Is the breach actionable? Damage within the ambit of the statute The standard of liability Causation Defences PROFESSIONAL LIABILITY 1. General considerations Medicine and allied professions Law Surveyors and valuers Architects and consulting engineers Finance Insurance brokers PRODUCT LIABILITY AND CONSUMER PROTECTION 1. Product liability in general Liability in contract Negligence The Consumer Protection Act 1987 Part I Breach of statutory duty: the Consumer Protection Act 1987 Part H OCCUPIERS' LIABILITY AND DEFECTIVE PREMISES 1. Liability of occupiers to visitors for condition of premises The Occupiers' Liability Act Liability to trespassers Liability to other non-visitors on the defendant's premises Liability of landlord Liability to persons not on the premises [xiii]

5 13. EMPLOYERS' LIABILITY /. Steele Liability for breach of personal duty of care Breach of statutory duty Defences PUBLIC SERVICE LIABILITY J. Steele Negligence liability Liability under the Human Rights Act Misfeasance in public office Conclusion TRESPASS TO THE PERSON Battery Assault Intentional infliction of injury False imprisonment Defences to trespass to the person Damages MALICIOUS PROSECUTION J. Steele Kinds of damage caused Malicious prosecution Malicious proceedings in bankruptcy and liquidation Abuse of civil process Vexatious use of process WRONGFUL INTERFERENCE WITH GOODS Conversion Remedies for conversion Trespass to goods Negligence resulting in damage to goods Reversionary injury Wrongful interference by other torts [xiv]

6 18. DECEIT 2. Requirements 3. Damages 4. Defences 5. Misrepresentations as to credit of third persons 6. Statutory liability for misstatements in a prospectus 7. The action for fraud arising out of bribery TRESPASS TO LAND AND DISPOSSESSION 1. The nature of trespass 2. Who may sue for trespass 3. Trespass by relation 4. Justification of trespass 5. Measure of damages 6. Action for the recovery of land 7. Statutes of limitation 8. Waste NUISANCE AND RYLANDS V FLETCHER 1. The nature of nuisance 2. Nuisance and the standard of duty 3. The rule in Rylands v Fletcher 4. Who can sue for nuisance? 5. Who can be sued for nuisance? 6. Defences to an action for nuisance 7. Particular types of nuisance 8. Obstruction of the highway R. Buckley ANIMALS 1. Liability for animals 2. The Animals Act Liability for animals on the highway 4. Common law liabilities J. Steele DEFAMATION 1. Generally 2. Basis of liability [xv] K. Duodu

7 3. What is defamatory? Slander Publication Defences Malice Repetition Damages Injunction MALICIOUS FALSEHOOD H. Carty 1. Malicious falsehood Essentials of the action Rival traders ECONOMIC TORTS 1. General 2. Procuring a breach of contract 3. Intimidation 4. Unlawful interference 5. Conspiracy 6. Trade disputes R. Simpson TATUTORY INTELLECTUAL PROPERTY RIGHTS 2. Copyright and related rights 3. Moral rights 4. Competition and control of licensing 5. Performers' rights 6. Design rights 7. Registered designs 8. Registered trade marks 9. Patents G. Davies PASSING OFF H. Carty 1. General principles Requirements Remedies Defences [xvi]

8 5. Relationship to other rights BREACH OF CONFIDENCE AND PRIVACY H. Carty 1. General principles Action for breach of confidence (involving other than personal information) The action for breach of personal confidence/privacy DAMAGES 2. General principles 3. Damages for personal injuries 4. Death: survival of causes of action 5. Death as a cause of action 6. Destruction of or damage to goods 7. Recovery of costs of action 8. Equitable damages 9. Exemplary damages 10. Restitutionary damages 11. Appeals on quantum of damages INJUNCTIONS Prohibitory injunctions Mandatory injunctions Action quia timet Interim injunctions Injunctions and declarations against the Crown SELF-HELP Defence of the person Defence of property Protection of property against damage by domestic animals Justifiable advance means of protection Protection of property against the forces of nature Abatement of nuisances Distress damage feasant Distress for rent [xvii]

9 31. DISCHARGE OF TORTS Waiver: election Accord and satisfaction Release Judgment recovered Resjudicata Joint wrongdoers Joint claimants LIMITATION 1. General New claims in pending actions Persons under a disability Fraud, mistake and deliberate concealment Extinction of title on conversion and detinue Limitation and dismissal for want of prosecution Actions for personal injuries and death Negligence actions for latent damage (other than personal injury) Other special periods of limitation [xviii]