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Chapter

Cover Markesinis & Deakin's Tort Law

3. Establishing Liability in Principle: Duty of Care  

This chapter discusses the following: the duty concept and the elements of the tort of negligence; formulating the duty of care; kinds of damage; the manner of infliction; and the way in which the notion of duty confines liability by reference to the nature of the parties involved.

Chapter

Cover An Introduction to Tort Law

7. Contribution Between Tortfeasors  

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 considers cases involving several torts and severable persons who are liable. It describes ‘joint and several liability’, where several different torts may be contributing to the same harm and several persons are liable for what they have independently done, since in principle, everyone whose tortious conduct has contributed to the occurrence of harm is liable to be sued for the full amount of that harm, provided it is indivisible and not too remote. The chapter also discusses how a tortfeasor who is sued and wishes to claim contribution should bring any other supposed tortfeasor into the victim's suit. Likewise, the victim should sue every plausible tortfeasor, because if he brings a second action in respect of the same damage he risks being penalised in costs, and if he loses against one defendant and succeeds against another, he will get all his costs paid by the latter.

Chapter

Cover Markesinis & Deakin's Tort Law

13. Nuisance  

Private nuisance is defined as any substantial and unreasonable interference with the claimant’s land, or with his rights to peaceful enjoyment of that land and any right that exists in connection with it. It need not result from ‘direct’ or ‘intentional’ interference; it is sufficient that the defendant have ‘adopted or continued’ a state of affairs that constitutes an unreasonable interference. This chapter discusses the basis of liability in private nuisance; the concept of unreasonable interference and the difference between this concept and the notion of ‘reasonableness’ in negligence; who can sue and who can be sued; defences; and remedies. It also discusses, in outline, public nuisance; the relationship between nuisance and other forms of liability; and nuisance and protection of the environment.

Chapter

Cover Tort Law

20. Vicarious liability  

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

Chapter

Cover Tort Law

20. Vicarious liability  

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.

Chapter

Cover Card & James' Business Law

16. Vicarious liability  

This chapter examines the doctrine of vicarious liability. It explains that vicarious liability is not a tort in its own right, but is a means whereby a party can be held liable for the tortious acts of another. Vicarious liability can arise through a number of relationships, the most common being that of employer and employee. The traditional requirements for vicarious liability are discussed, namely (i) the existence of an employer–employee relationship; (ii) the employee must have committed a tort; and (iii) the tort must have been committed in the course of the employer’s business. Finally, the chapter looks at defences available to an employer who has been held vicariously liable for the acts of an employee.

Book

Cover Tort Law
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. Tort Law: Text, Cases, and Materials combines incisive commentary with carefully selected extracts from primary and secondary materials to provide a balance of support and encouragement. This volume starts by introducing the fundamental principles of the subject before moving on to discuss more challenging issues, hoping to encourage a full understanding of the subject and an appreciation of the more complex debates surrounding the law of tort. The text starts by providing an overview. Various torts are then arranged along a spectrum from intentional torts, through negligence, to stricter liabilities. Also considered are issues relating to damages, compensation, limitation, and vicarious liability. After introducing intentional torts, the book looks at the tort of negligence. Chapters also cover nuisance and duties relating to land and defamation and privacy. Finally, stricter liabilities are examined such as product liability.

Chapter

Cover Tort Law

11. Occupiers’ liability  

This chapter discusses occupiers’ liability, which deals with the risks posed, and harms caused, by dangerous places and buildings. In such cases, the occupier of the premises may be liable where a person who comes onto their land is injured in or by unsafe premises if the occupier has not taken reasonable care to ensure that those entering are safe. The general principles of negligence have been incorporated into, and modified by, statute in the form of the Occupiers’ Liability Acts 1957 and 1984. Although the Acts define the circumstances in which a duty of care will be owed (and tell us something as to its extent, as well as matters relating to its discharge and limitation), questions of breach and causation still need to be established by reference to the ordinary principles of negligence.

Chapter

Cover Tort Law

11. Occupiers’ liability  

This chapter discusses occupiers’ liability, which deals with the risks posed, and harms caused, by dangerous places and buildings. In such cases, the occupier of the premises may be liable where a person who comes onto their land is injured in or by unsafe premises if the occupier has not taken reasonable care to ensure that those entering are safe. The general principles of negligence have been incorporated into, and modified by, statute in the form of the Occupiers’ Liability Acts 1957 and 1984. Although the Acts define the circumstances in which a duty of care will be owed (and tell us something as to its extent, as well as matters relating to its discharge and limitation), questions of breach and causation still need to be established by reference to the ordinary principles of negligence.

Chapter

Cover Sealy & Worthington's Text, Cases, and Materials in Company Law

3. Corporate Activity and Legal Liability  

This chapter discusses how the company acts as a legal person. It covers: contractual liability; corporate capacity; agency and authority in corporate contracting; contracts and the execution of documents; pre-incorporation contracts; corporate gifts; tort liability; criminal liability; whether and in what circumstances knowledge should be imputed to a company or other corporate body; and when attribution can be denied by the company.

Chapter

Cover Sealy & Worthington's Text, Cases, and Materials in Company Law

4. Shareholders as an Organ of the Company  

This chapter discusses how the company acts as a legal person. It covers: contractual liability; corporate capacity; agency and authority in corporate contracting; contracts and the execution of documents; pre-incorporation contracts; corporate gifts; tort liability; criminal liability; whether and in what circumstances knowledge should be imputed to a company or other corporate body; and when attribution can be denied by the company.

Chapter

Cover Lunney & Oliphant's Tort Law

10. Statutory Liability Regimes  

Donal Nolan and Ken Oliphant

Although most of the law of tort is based upon common law principles, there are a number of situations where statutory liability regimes have been created. This chapter focuses on two of these statutory liability regimes, the liability of occupiers to those coming onto their land (governed by the Occupiers’ Liability Acts of 1957 and 1984) and liability in respect of defective products (governed by the Consumer Protection Act 1987). In both these areas Parliament has intervened to remedy perceived failings in the common law. The final part of this chapter considers the common law action for breach of statutory duty. This differs from the action for negligence in that the source of the defendant’s duty is not the common law; rather, the claimant’s case is founded on a breach of a duty imposed on the defendant by Parliament.

Chapter

Cover Tort Law: Text and Materials

11. Special Liability Regimes  

Although much of the law of tort is based upon general common law principles, there are a number of situations where special liability regimes have been created. This chapter focuses on four of these special liability regimes. The first regime to be considered is employers’ liability, whose origins lie in nineteenth-century common law. Two other special regimes are then considered: the liability of occupiers to those coming onto their land (governed by the Occupiers’ Liability Acts of 1957 and 1984) and liability in respect of defective products (governed by the Consumer Protection Act 1987). In both these areas Parliament has intervened to remedy perceived failings in the common law. The final part of this chapter considers the common law action for breach of statutory duty. This differs from the action for negligence in that the source of the defendant’s duty is not the common law; rather, the claimant’s case is founded on a breach of a duty imposed on the defendant by Parliament.

Chapter

Cover An Introduction to Tort Law

4. Causation  

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 issue of causation. Damages are due to the victim only if the harm was due to the tortfeasor. The harm must be the effect of the defendant's misconduct and causation must be established. The principal question to ask in matters of causation is: Did the breach of duty contribute to the occurrence of the harm? At all costs one must avoid the easy supposition that a result can have only one cause, or that one must seek out the ‘main’ cause, relevant though this may be in claims under an insurance policy. The chapter also identifies three ways that the law lets a defendant off the hook even though the harm would not have occurred but for his negligence. These are the rules of remoteness, intervention, and purpose.

Chapter

Cover An Introduction to Tort Law

6. Vicarious Liability  

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 law on vicarious liability. In principle, a person is not liable in negligence unless he is in breach of a duty owed by him to the claimant. Quite often, however, a person who is not in breach of any duty incumbent on himself is nevertheless liable, and strictly liable, for torts committed by someone else. His liability is then said to be ‘vicarious’. The principal instance of vicarious liability is that of the employer for his employees. Persons may also be liable for those engaged in a joint enterprise with them, whether as fellow conspirator or partner in a firm.

Chapter

Cover Markesinis & Deakin's Tort Law

14. Deceit  

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.

Chapter

Cover Markesinis & Deakin's Tort Law

15. The Economic Torts  

Economic torts seek to protect a person in relation to his trade, business, or livelihood. However, he will only be protected from certain kinds of interference, principally those inflicted intentionally or deliberately. Nor will an intention to harm suffice, on its own, to ground liability. There are three broad sub-categories of liability: those torts based on the defendant’s wrongful interference with the claimant’s pre-existing legal rights (inducing breach of contract and inducing breach of statutory duty, in particular); the tort of interference with trade or business by unlawful means; and the tort of conspiracy. This chapter considers each of these in turn followed by an outline of the statutory immunities in relation to trade disputes.

Chapter

Cover Markesinis & Deakin's Tort Law

16. The Rule in Rylands v. Fletcher  

This chapter examines the rule in Rylands v. Fletcher, a rule which remains controversial to this day. The rule states that anyone who, in the course of a ‘non-natural’ use of his land ‘accumulates’ thereon for his own purposes anything likely to do mischief if it escapes, is answerable for all direct damage thereby caused. It discusses the requirements for liability, the various controlling mechanisms used to limit the scope of the rule; what and whose interests are protected by it; and the relationship between Rylands v. Fletcher and private nuisance. The chapter also explores the important questions that the rule in Rylands v. Fletcher raises about the nature, and future, of strict liability in the law of tort in general.

Chapter

Cover Markesinis & Deakin's Tort Law

18. Employer’s Liability  

The liability of an employer to an employee has two aspects. There is liability to employees for harm suffered by them, and liability for harm caused by them in the course of their employment (vicarious liability, covered in chapter 19). Both represent forms of stricter liability. This chapter discusses the negligence law liability of employers, liabilities arising from statutory duties, and related aspects of social security law. It analyses the concept of the non-delegable duty in the employment context. It also discusses the implications for employer’s liability of reforms made to the law of breach of statutory duty in the Enterprise and Regulatory Reform Act 2013.

Chapter

Cover Markesinis & Deakin's Tort Law

23. Defences  

This chapter begins with a brief discussion of the role of defences in the law of torts. It then considers their application to torts which require proof of damage in order to be actionable, and in particular with the tort of negligence. The discussions cover contributory negligence; consent; exclusion and limitation of liability; illegality; necessity; inevitable accident; authorisation; and limitation of action. The chapter takes into account recent statutory developments including the effects of the Consumer Rights Act 2015 on the law governing exclusion and limitation of liability. It also examines the extensive Supreme Court case law reexamining the defence of illegality.