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Chapter

Cover Tort Law

8. Limitation and Contribution  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the principles of contribution and their effect on the remedies that can be obtained by a successful claimant, as well as the statutory rules of ‘limitation’ that govern the time-barring of claims. The liability of more than one party for ‘the same damage’ is discussed, together with the apportionment of responsibility for the damage. Relevant provisions found in the Civil Liability (Contribution) Act 1978 and the Limitation Act 1980 are also considered.

Chapter

Cover Tort Law

9. Causation and remoteness of damage  

This chapter discusses the final ‘hurdle’ for the claimant to overcome in the tort of negligence—causation. The claimant must prove that their injuries were caused by the defendant’s actions in both fact and law. To establish cause in fact, the claimant must show, on the balance of probabilities, that the defendant’s breach caused their harm. Tests for cause in law encompass a remoteness test (which involves establishing whether the damage that occurred was foreseeable to the defendant at the time of the negligence). It is the type of harm that must be foreseeable, not its extent. The last part of the test is to ask whether any intervening acts (acts that occurred after the defendant’s breach) broke the chain of causation. If so, the defendant will not be liable.

Chapter

Cover Essential Cases: Tort Law

Bonnington Castings Ltd v Wardlaw [1956] AC 613  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bonnington Castings Ltd v Wardlaw [1956] AC 613. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Bonnington Castings Ltd v Wardlaw [1956] AC 613  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bonnington Castings Ltd v Wardlaw [1956] AC 613. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Tort Law

9. Causation and remoteness of damage  

This chapter discusses the final ‘hurdle’ for the claimant to overcome in the tort of negligence—causation. The claimant must prove that their injuries were caused by the defendant’s actions in both fact and law. To establish cause in fact, the claimant must show, on the balance of probabilities, that the defendant’s breach caused their harm. Tests for cause in law encompass a remoteness test (which involves establishing whether the damage that occurred was foreseeable to the defendant at the time of the negligence). It is the type of harm that must be foreseeable, not its extent. The last part of the test is to ask whether any intervening acts (acts that occurred after the defendant’s breach) broke the chain of causation. If so, the defendant will not be liable.

Chapter

Cover Complete Equity and Trusts

17. Trusts of the family home  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Cohabiting couples could save themselves considerable legal trouble and expense if they make a written declaration of trust when acquiring a home to live in, but most do not. This chapter discusses the following: that cohabitation gives no special legal status; that a trust of land must be in writing; and that resulting and constructive trusts are an exception to the writing requirement. It also looks at the difference between the two categories of trust in Lloyds Bank v Rosset and the difference between the claim to an equitable interest in the property and the quantification of that interest as explained in Stack v Dowden.

Chapter

Cover Partnership and LLP Law

12. Membership  

This chapter explains what membership of an LLP entails. It explains how a person becomes a member of an LLP, and the different types of membership that are recognised in law. It considers case law on the question as to whether a person can be both a member and an employee, and both a member and a worker. Finally, it explains how a person might be disqualified from being a member of an LLP and the consequences of such a person acting as a member whilst disqualified.

Chapter

Cover Partnership and LLP Law

17. Insolvency and Dissolution  

This chapter explains how insolvency law applies to an LLP. It considers the various insolvency processes under the Insolvency Act 1986 that can arise, and the position of members in a winding up, both as potential contributories and also as potential creditors. It addresses investigations into LLPs under the Companies Act 1985, and finally explains how an LLP can be struck from the register and how it can be restored.

Chapter

Cover Intellectual Property Law

17. Patentable Subject Matter  

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter deals with patentable subject matter and the ways in which it is regulated under the Patents Act 1977 and the 2000 European Patents Convention (EPC). More specifically, it discusses five criteria that an invention must satisfy to be patentable, including the requirement that it must be capable of ‘industrial application’, and that patents are not granted for immoral inventions. The chapter also considers two different approaches that are used when deciding whether an invention falls within the scope of section 1(2)/Article 52(2): the ‘technical contribution’ approach in the UK and the ‘any hardware’ approach applied by the European Patent Office. The chapter also examines in detail the exclusions from protection of methods of treatment, of certain biological subject matter (including plant and animal varieties), and of inventions which are immoral or against public policy. Finally, it examines how the law deals with a number of specific types of invention and looks at possible reforms, particularly in relation to computer programs and computer-related inventions.

Chapter

Cover Tort Law

6. Causation, Remoteness, and Scope of Duty: Connection to the Damage  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the essential connection between the defendant’s breach and the damage suffered by the claimant. It explores the elements of factual and legal causation in relation to the tort of negligence. Drawing on recent decisions including Manchester Building Society v Grant Thornton and Khan v Meadows, it identifies the existence of other aspects of attribution including the necessity for the damage to fall within the scope of the defendant’s duty. The chapter continues by examining some of the most challenging problems of causation, all of which concern multiple potential causes. It considers issues relating to ‘material contribution to damage’, and whether a given breach has materially contributed to the risk of injury. It then discusses the idea of loss of chance as well as the controversy surrounding uncertainty, single agents, and apportionment and non-tortious sources with respect to causation. A number of relevant cases are considered, including Fairchild v Glenhaven Funeral Services Ltd [2002], Barker v Corus [2006], Durham v BAI (the ‘Trigger’ Litigation) [2012], IEG v Zurich (2015), and Gregg v Scott [2005].

Chapter

Cover Competition Law

8. Articles 101 and 102: private enforcement in the courts of Member States  

This chapter describes the private enforcement of competition law, that is to say the situation where litigants take their disputes to a domestic court or, quite often, to arbitration. It will deal with the private enforcement of Articles 101 and/or 102 as a matter of EU law, with particular emphasis on the Damages Directive. It also describes private actions for damages and injunctions in the High Court and the UK Competition Appeal Tribunal. The chapter considers the use of competition law as a defence, for example to an action for breach of contract or infringement of an intellectual property right. The chapter concludes with a brief discussion of issues that can arise where competition law disputes are referred to arbitration rather than to a court for resolution.