1-16 of 16 Results

  • Keyword: property damage x
Clear all

Chapter

Cover Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law

17. Offences of damage to property  

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.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

27. Offences of damage to property  

David Ormerod and Karl Laird

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.

Chapter

Cover Concentrate Questions and Answers Tort Law

12. Damages  

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).

Chapter

Cover Criminal Law

11. Criminal Damage  

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.

Chapter

Cover Criminal Law

15. Criminal damage  

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.

Chapter

Cover Tort Law Directions

2. Negligence: duty of care  

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.

Chapter

Cover Smith, Hogan and Ormerod's Essentials of Criminal Law

9. Theft and other property offences  

David Ormerod and John Child

This chapter deals with offences against property, a category of offences that criminalise conduct such as the dishonest taking of another’s property (e.g. theft, robbery), possessing stolen or criminal property (e.g. handling stolen goods, money laundering), and damaging another’s property (e.g. criminal damage, arson). Beyond such crimes, there are also a number of specific technical offences designed to protect particular property rights, such as those relating to vehicle misuse and intellectual and/or digital property. The final sections of the chapter outline potential options for legal reform and the application of property offences within problem questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.

Chapter

Cover Smith, Hogan, and Ormerod's Essentials of Criminal Law

9. Theft and other property offences  

This chapter deals with offences against property, a category of offences that criminalise conduct such as the dishonest taking of another’s property (eg theft, robbery), possessing stolen or criminal property (eg handling stolen goods, money laundering), and damaging another’s property (eg criminal damage, arson). Beyond such crimes, there are also a number of specific technical offences designed to protect particular property rights, such as those relating to vehicle misuse and intellectual and/or digital property. The final sections of the chapter outline potential options for legal reform and the application of property offences within problem questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.

Chapter

Cover Intellectual Property Law

5. Passing Off  

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 discusses the protection which the law affords to unregistered trade marks through the tort of passing off. It covers the definition of passing off; the relationship between passing off and unfair competition; the elements of both the classic and the extended form of passing off; the role of customer confusion in passing off and types of confusion, including initial interest confusion as well as reverse passing off; the types of damage resulting for an actionable misrepresentation; and defences to passing off (delay or acquiescence, bona fide use of the defendant’s own name, and concurrent use)

Chapter

Cover An Introduction to Tort Law

2. Negligence  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter discusses the tort of negligence. It elaborates on duty of care based on foreseeability, proximity, assumption of responsibility, property damage and personal injury, purely economic harm, psychiatric harm, less serious upset, and liability for omissions. It argues that the common law duty is higher when it requires a person to take active steps to protect others than when it requires only that he refrain from positively causing an injury. But once it is held that a duty exists, its level is always, apparently, the same: it is the duty to take such care as in all the circumstances of the case is reasonable.

Chapter

Cover Markesinis & Deakin's Tort Law

24. Damages  

This chapter is the first of two chapters concerned with remedies. The focus of this chapter is monetary remedies; the financial consequences of a proven tort. It begins by discussing the notion of damage, and damages, before exploring different types of damages; the principle of full compensation; the interrelationship of tort and other compensation systems; pecuniary and non-pecuniary losses; death in relation to tort; and damage to property.

Chapter

Cover Street on Torts

16. Product liability  

This chapter examines the provisions of tort law concerning product liability. It explains that a defendant can be held liable for a defective product that causes personal injuries or causes damage to property and that the liability for failure to take care in the manufacture of a product causing personal injury was established in the case of Donoghue v Stevenson. The chapter discusses the limitations of the tort of negligence and suggests that, in the majority of cases, claimants should bring their actions for defective products under the Consumer Protection Act 1987 because it does not require proof of fault.

Chapter

Cover Street on Torts

4. Duty of care III: property damage and purely financial loss  

This chapter is concerned with duties of care that arise when the claimant suffers either property damage or purely financial loss (that is, loss not attendant on physical damage or on any other primary interest recognised in negligence). Again, we find that duties of care are quite expansive with respect to property damage when the claimant owns or possesses the property in question. By contrast, duties of care are restricted with respect to purely financial losses. The most frequently upheld duties in the latter category cover negligent misstatements and the negligent provision of professional services, the scope of which is dictated by application of the Hedley Byrne v Heller framework or some variant of it.

Chapter

Cover Borkowski's Textbook on Roman Law

10. Obligations Arising from Delict  

This chapter discusses the Roman law of delict. It covers wrongful damage to property; theft and robbery; insulting behaviour; praetorian delicts; liability for damage caused by animals; and the quasi-delict. A delict, as one of the main sources of an obligation, can be defined in broad terms as a wrongful act which causes damage to someone’s personality, his family, or his property, and for which the victim or his heirs is entitled to compensation. There is an obvious parallel between the Roman delict and the common law tort; but the analogy should not be pursued too far since the Roman law of delict had a strong penal element—the law penalized the conduct of the wrongdoer, as well as ensuring that the victim was adequately compensated.

Chapter

Cover Complete Criminal Law

11. Property offences 2: fraud and other property offences  

This chapter examines property offences focusing on fraud, making off without payment, blackmail, and criminal damage. It explains the key provisions of the Fraud Act 2006 for different types of fraud, including fraud by false representation, fraud by failing to disclose information, fraud by abuse of position, and obtaining services dishonestly. It clarifies the difference between fraud and the previous offences of deception. The chapter then discusses burglary, aggravated burglary, criminal damage, and blackmail and identifies the types of legal defence that can be successfully employed for these offences. It also considers racially and religiously aggravated criminal damage, criminal damage endangering life, and arson.

Chapter

Cover Tort Law Directions

5. Negligence: duty of care problem areas  

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. The tort of negligence originated as a remedy for property damage and physical injury. However, recovery of compensation for psychiatric injury and pure economic loss, in cases where they were not caused by physical injury or property damage, has proved difficult. Duty of care for psychiatric injury is contingent upon whether the claimant is a primary or secondary victim. This chapter discusses the policy reasons for limiting duty of care for psychiatric injury, the mechanisms by which the law limits duty of care for psychiatric injury, the meaning of ‘pure economic loss’, and the development of the Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964) principle of liability for negligent statements. The chapter also examines the ‘thin skull’ rule, which applies to psychiatric injury in the same way as to physical injury.