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
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428. The document also included supporting commentary from author Craig Purshouse.
Chapter
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Reeves v Commissioner of Police of the Metropolis [2000] 1 AC 360. The document also included supporting commentary from author Craig Purshouse.
Chapter
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428. The document also included supporting commentary from author Craig Purshouse.
Chapter
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Reeves v Commissioner of Police of the Metropolis [2000] 1 AC 360. The document also included supporting commentary from author Craig Purshouse.
Chapter
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428. The document also included supporting commentary from author Craig Purshouse.
Chapter
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Reeves v Commissioner of Police of the Metropolis [2000] 1 AC 360. The document also included supporting commentary from author Craig Purshouse.
Chapter
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Adomako [1995] AC 171, House of Lords. The document also included supporting commentary from author Jonathan Herring.
Book
Craig Purshouse
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in tort law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Craig Purshouse, including his assessment of the wider questions raised by the decision.
Chapter
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Adomako [1995] AC 171, House of Lords. The document also included supporting commentary from author Jonathan Herring.
Book
Craig Purshouse
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in tort law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Craig Purshouse, including his assessment of the wider questions raised by the decision.
Chapter
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Adomako [1995] AC 171, House of Lords. The document also included supporting commentary from author Jonathan Herring.
Book
Craig Purshouse
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in tort law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Craig Purshouse, including his assessment of the wider questions raised by the decision.
Chapter
A. M. Farrell and E. S. Dove
This chapter examines the law of clinical negligence. First, the key elements of making a claim in the tort of negligence are outlined. Examples are then drawn from existing case law in clinical negligence, including the use of innovative techniques, complementary medicine, misdiagnosis, the problem of the novice, negligence in treatment and protecting patients from themselves, as well as wrongful conception, birth, and life claims. The doctrine of res ipsa loquitur is also briefly considered. Thereafter, an overview is provided of key aspects of criminal negligence, before moving on to examine alternatives to clinical negligence litigation, including recent proposals for reform such as the creation of no-fault schemes for medical injury.
Chapter
This chapter discusses three key defences in the tort of negligence: voluntary assumption of risk (consent or volenti non fit injuria), contributory negligence and illegality. The defence of voluntary assumption of risk is based on the common-sense notion that ‘one who has invited or assented to an act being done towards him cannot, when he suffers it, complain of it as a wrong’. The defence of illegality denies recovery to certain claimants injured while committing unlawful activities. Contributory negligence is a defence that operates not to defeat the claimant’s claim entirely but rather to reduce the amount of damages the defendant must pay.
Chapter
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kuddus [2019] EWCA Crim 837, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. The document also included supporting commentary from author Craig Purshouse.
Chapter
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Overseas Tankship (UK) Ltd v Morts Docks & Engineering Co. Ltd (The Wagon Mound No 1) [1961] AC 388. The document also included supporting commentary from author Craig Purshouse.
Chapter
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kuddus [2019] EWCA Crim 837, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. The document also included supporting commentary from author Craig Purshouse.
