The principal offences of damage to property are governed by the Criminal Damage Act 1971. Under s 1(1), a person commits an offence if he, without lawful excuse, destroys or damages any property belonging to another with the intention to destroy or damage such property or being reckless as to whether the property will be destroyed or damaged. This chapter deals with offences of damage to property and their mens rea, along with destroying or damaging property with intent to endanger life, arson, racially or religiously aggravated criminal damage, threats to destroy or damage property, possession offences, kindred offences and mode of trial and sentence for those guilty of offences of damage to property.
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This chapter examines the offences of damage to property, which are governed by the Criminal Damage Act 1971. It considers the ability to define damage; the relationship between the elements of the offence, particularly D’s mens rea as to circumstance elements; and the arguments for endangerment offences.
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This chapter examines the principle of vicarious liability, a form of secondary liability through which employers may, in certain circumstances, be liable for the torts of their employees, even though the employer themselves may be entirely blameless. The imposition of vicarious liability is one of the most important exceptions to the general approach of the common law whereby liability for any wrongdoing is imposed on, and only on, the wrongdoer(s). A defendant will not be vicariously liable unless the following conditions are met: (a) there is an employer–employee relationship (or one akin to this) between the defendant and the person for whose actions they are being held liable; and (b) a close connection between this relationship and the tortious wrongdoing of the employee
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This chapter examines the principle of vicarious liability, a form of secondary liability through which employers may, in certain circumstances, be liable for the torts of their employees, even though the employer themselves may be entirely blameless. The imposition of vicarious liability is one of the most important exceptions to the general approach of the common law whereby liability for any wrongdoing is imposed on, and only on, the wrongdoer(s). A defendant will not be vicariously liable unless the following conditions are met: (a) there is an employer–employee relationship between the defendant and the person for whose actions they are being held liable; (b) the employee committed the tortious act while acting in the course of their employment.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Negligence is a tort in its own right and involves an unintentional wrong as opposed to trespass which involves an intentional wrong. It has three main elements: duty of care (whether the defendant owes the claimant a duty of care), breach (whether the defendant has breached that duty), and damage (whether that breach has caused damage of a legally recognized kind to the claimant). Duty of care is determined by proximity, foreseeability, and policy and is most likely to be established in cases of positive acts which cause physical injury or property damage. This chapter provides an overview of the history of negligence and discusses the function of duty of care in negligence. It also considers the way duty of care has been defined and developed and applies the principles of duty of care in the areas of omissions and liability of public bodies.
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Michael J. Allen and Ian Edwards
Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. The Criminal Damage Act 1971 includes the main offences in English law involving damage to property. This chapter discusses the offence of destroying or damaging property belonging to another, destroying or damaging property with intent to endanger life, threats to destroy or damage property, possessing anything with intent to destroy or damage property, and racially or religiously aggravated criminal damage. The feature ‘The law in context’ examines the prosecution of environmental protesters for criminal damage, including their use of the lawful excuse defence.
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This chapter discusses the law and theory on criminal damage. Criminal damage involves the defendant intentionally or recklessly destroying or damaging property belonging to another. The defendant will have a defence if they were acting with a lawful excuse. There is an offence of aggravated criminal damage, where damage was done with the defendant being reckless about whether people’s lives would be endangered as a result. Four criminal damage offences are found in the Criminal Damage Act 1971: basic criminal damage, arson, aggravated criminal damage, and aggravated arson. There is also an offence of racially aggravated criminal damage. The chapter also considers the Computer Misuse Act 1990, which was designed to protect information kept on computers.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Negligence is a tort in its own right and involves an unintentional wrong as opposed to trespass which involves an intentional wrong. It has three main elements: duty of care (whether the defendant owes the claimant a duty of care), breach (whether the defendant has breached that duty), and damage (whether that breach has caused damage of a legally recognized kind to the claimant). Duty of care is determined by proximity, foreseeability, and policy and is most likely to be established in cases of positive acts which cause physical injury or property damage. This chapter provides an overview of the history of negligence and discusses the function of duty of care in negligence. It also considers the way duty of care has been defined and developed and applies the principles of duty of care in the areas of omissions and liability of public bodies.
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This chapter looks at offences relating to the destruction of property or damage to property: destroying or damaging property belonging to another, threats to destroy or damage property, arson, possessing anything with intent to destroy or damage property, destroying or damaging property, intending to endanger another person’s life, being reckless as to endanger one’s life, and racially or religiously aggravated criminal damage. With the exception of the racially or religiously aggravated offence, all of these offences are governed by the Criminal Damage Act 1971 (CDA 1971). The CDA 1971 was a completely new code, replacing the complex provisions of the Malicious Damage Act 1861.
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This chapter examines the action of passing off, ie the means by which one trader may prevent another from misleading customers by representing (or ‘passing off’) goods or services as emanating from the former party. It analyses the leading judicial definitions of passing off, from which emerge the key elements of goodwill, misrepresentation, and damage, as well as considering extended passing off by reference to multiple examples of groups of producers seeking to protect the goodwill associated with their products. It concludes with discussion of key issues regarding the future of passing off, in particular in relation to the internet and its possible development as a law against unfair competition.
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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 damage which arises out of dangers encountered on premises. The duties in question are owed to parties who are present on the premises, rather than to neighbouring occupiers or (for example) users of the highway, and governed by two pieces of legislation: the Occupiers’ Liability Act 1957 and the Occupiers’ Liability Act 1984. The discussion begins by considering the criteria used to determine when the occupiers’ liability acts are engaged, whose responsibility is it to guard against the risks, and the duty owed to visitors and non-visitors. The chapter then turns to defences and exclusion of liability.
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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.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the issue of damages, covering key debates, sample questions, diagram answer plan, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: the primary purpose behind an award of damages; the different types of damages; the three principal types of damage for which a remedy may be available: personal injury (death and psychiatric harm included), property damage, economic loss; and how to calculate an award (in principle).
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Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rothwell v Chemical & Insulating Co. Ltd [2008] 1 AC 281. The document also included supporting commentary from author Craig Purshouse.
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Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in St Helen’s Smelting Co. v Tipping [1865] 11 ER 642. The document also included supporting commentary from author Craig Purshouse.
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Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rothwell v Chemical & Insulating Co. Ltd [2008] 1 AC 281. The document also included supporting commentary from author Craig Purshouse.
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Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in St Helen’s Smelting Co. v Tipping [1865] 11 ER 642. The document also included supporting commentary from author Craig Purshouse.
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Dr Karen Dyer and Dr Anil Balan
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the issue of damages, covering key debates, sample questions, diagram answer plan, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: the primary purpose behind an award of damages; the different types of damages; the three principal types of damage for which a remedy may be available: personal injury (death and psychiatric harm included), property damage, economic loss; and how to calculate an award (in principle).
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This chapter considers the ingredients of successful action for malicious prosecution. The claimant must show: that the defendant prosecuted him; that the prosecution ended in the defendant’s favour; that there was no reasonable and probable cause for the prosecution; and that the defendant was actuated by ‘malice’. It covers not merely criminal prosecutions but certain forms of abuse of civil process, for example tort claims alleging deceit or malice. Damage also in all cases is a necessary ingredient. The tort, while ancient, is still being actively litigated, and the chapter analyses a number of recent cases in the higher appellate courts.
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This chapter discusses the tort of deceit. The common-law rules concerning liability for dishonesty were synthesised to create the tort of deceit at the end of the eighteenth century in Pasley v. Freeman, and the tort takes its modern form from the decision of the House of Lords in Derry v. Peek in 1889. Most of the cases concern non-physical damage, that is to say, financial or pure economic loss, although the tort can also extend to cover personal injuries and damage to property. The requirements of liability are as follows: the defendant must make a false statement of existing fact with knowledge of its falsity and with the intention that the claimant should act on it, with the result (4) that the claimant acts on it to his detriment.
