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Cover Tort Law

3. The Standard of Care in Negligence  

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 introduces the reader to the fault principle or negligence standard, along with its positive and negative implications. This chapter first asks. ‘What is negligence?’. It covers the standard of care and, within this, it looks at the objective standard. The chapter goes on to explore the way in which professional skill and care are assessed in the medical context. It also considers reasonable risk-taking and the absence of evidence of fault.

Chapter

Cover Lunney & Oliphant's Tort Law

17. How Tort Works  

Donal Nolan and Ken Oliphant

This chapter discusses the role played by the law of tort in the compensation and prevention of personal injuries. It first examines the way that tort operates in practice: when are claims for compensation actually made; how are claims brought and how are they resolved; how much does it cost to bring a claim; is the compensation paid adequate; and who pays for it? The chapter then turns to evaluation, and focuses upon the ‘fault principle’ that is enshrined in the law of tort—the principle that compensation should only be paid to a person injured by another’s fault. It considers how the law might depart from the fault principle by the development of strict liability or no-fault compensation, concluding with an examination of radical reform options involving the abolition of tort as a means of compensating for personal injuries.

Chapter

Cover Tort Law: Text and Materials

18. How Tort Works  

This chapter discusses the role played by the law of tort in the compensation and prevention of personal injuries. It first examines the way that tort operates in practice: when are claims for compensation actually made; how are claims brought and how are they resolved; how much does it cost to bring a claim; is the compensation paid adequate; and who pays for it? The chapter then turns to evaluation, and focuses upon the ‘fault principle’ that is enshrined in the law of tort — the principle that compensation should only be paid to a person injured by another's fault. It considers how the law might depart from the fault principle by the development of strict liability or no-fault compensation, concluding with an examination of radical reform options involving the abolition of tort as a means of compensating for personal injuries.

Chapter

Cover Tort Law Directions

9. Vicarious liability  

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. In general, liability is based on the personal fault of the wrongdoer himself. A person is liable only for his own acts, and a defendant will usually be free of any liability unless he has negligently or intentionally caused the harm or damage to the claimant. However, a person who has no fault or personal blame may also be held liable for the damage caused by the tort of another. This is known as vicarious liability, which is most common in the workplace and imposes liability without the need to prove that the defendant is at fault.