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Chapter

Cover Tort Law

2. Introduction to the tort of negligence  

The chapter begins by mapping and explaining the historical development of the tort of negligence, and some of the key themes underpinning the tort, before placing the discussion in the context of the modern law of negligence. The chapter then outlines the essential ingredients of a claim in negligence—a duty of care, a breach of that duty and the damage caused by that breach—before going on to explore these in practice through a close examination of the first instance judgment in X & Y v London Borough of Hounslow [2008].

Chapter

Cover Tort Law

8. Breach of duty: the standard of care  

This chapter focuses on the second of the requirements necessary to establish a claim in the tort of negligence—breach of duty. Breach occurs where a defendant has fallen below the particular standard of care demanded by the law. This is largely an objective test and is determined by comparing the actions of the defendant to those imagined to be done in the same circumstances by the so-called ‘reasonable man’. The questions to be answered are how the defendant ought to have behaved (what was the required standard of care) and how the defendant did behave (did they in fact fall below that standard).

Chapter

Cover Casebook on Tort Law

12. Breach of statutory duty  

This chapter discusses liability for breach of statutory duty. There may be cases where a statute renders a certain activity a crime, and the law imposes an additional civil liability towards a person harmed by the act. While some statutes state this directly, most statutes make no mention of potential civil liability, but nevertheless liability may be imposed if the court believes that Parliament impliedly intended there to be a remedy. Not only are there difficulties about when a civil duty will be spelt out of a criminal or regulatory statute, but there are also problems about the role and function of the tort of statutory duty.

Chapter

Cover An Introduction to Tort Law

3. Breach of Duty  

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 breach of duty. To establish breach of duty, it must be determined that there was some misbehaviour by the defendant himself. The chapter addresses the question of whether the defendant behaved reasonably. It considers factors such as foreseeability of harm objective standard, normal practice, utility of conduct, cost of prevention, conduct of others, and emergencies. It then turns to the identification of the breach.

Book

Cover Tort Law: Text and Materials

Mark Lunney, Donal Nolan, and Ken Oliphant

Tort Law: Text and Materials brings together a selection of carefully chosen extracts from cases and materials, with extensive commentary. Each section begins with a clear overview of the law, followed by illustrative extracts from case law and from government reports and scholarly literature, which are supported by explanation and analysis. The authors start by introducing the subject, and then examine intentional interference with the person before moving on to liability for negligence. Their analysis provides an overview of negligence liability in general, and then addresses in turn breach of duty, causation and remoteness, defences to negligence, and specific duty of care issues (psychiatric illness, economic loss, omissions and acts of third parties, and public bodies). In the following chapter, the authors consider the special liability regimes for employers and occupiers, as well as product liability and breach of statutory duty. The focus then switches to nuisance and the rule in Rylands v Fletcher, defamation, and privacy, before turning to vicarious liability, and damages for personal injury and death. Finally, they explore how tort works in practice.

Chapter

Cover Tort Law

14. Breach of statutory duty  

This chapter considers the tort of breach of statutory duty. Unlike the statutory duties contained in the Occupiers’ Liability Acts 1957 and 1984 or the Consumer Protection Act 1987 where liability arises directly according to the provisions of the statute itself, in a civil action in the tort of breach of statutory duty, liability arises indirectly where a statute imposes a duty but does not identify a civil remedy in the event of its breach. The tort is a combination of statute and the tort of negligence; the duty is defined by statute, while the action lies in the common law. It should be noted that while much of the case law arises in the employment context, the tort of breach of statutory duty extends beyond this.

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 Tort Law

2. Introduction to the tort of negligence  

The chapter begins by mapping and explaining the historical development of the tort of negligence, and some of the key themes underpinning the tort, before placing the discussion in the context of the modern law of negligence. The chapter then outlines the essential ingredients of a claim in negligence—a duty of care, a breach of that duty and the damage caused by that breach—before going on to explore these in practice through a close examination of the first instance judgment in X & Y v London Borough of Hounslow [2008].

Chapter

Cover Tort Law

8. Breach of duty: the standard of care  

This chapter focuses on breach of duty. Breach occurs where a defendant has fallen below the particular standard of care demanded by the law. This is largely an objective test and is determined by comparing the actions of the defendant to those imagined to be done in the same circumstances by the so-called ‘reasonable man’. The questions to be answered are how the defendant ought to have behaved (what was the required standard of care) and how the defendant did behave (did they in fact fall below that standard).

Chapter

Cover Essential Cases: Tort Law

Dunnage v Randall [2016] QB 639  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Dunnage v Randall [2016] QB 639. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Dunnage v Randall [2016] QB 639  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Dunnage v Randall [2016] QB 639. The document also included supporting commentary from author Craig Purshouse.

Chapter

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 Essential Cases: Tort Law

Tomlinson v Congleton BC [2004] 1 AC 46  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tomlinson v Congleton BC [2004] 1 AC 46. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Tomlinson v Congleton BC [2004] 1 AC 46  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tomlinson v Congleton BC [2004] 1 AC 46. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Street on Torts

6. Breach of duty  

This chapter examines breach of duty in negligence. It discusses the factors that courts consider in determining whether defendants are in breach of their duties of care to claimants. In each case, these factors include the foreseeability of harm to the claimant, the appropriate standard of care owed by the defendant to the claimant, and the conduct of the defendant in comparison to the expected standard of care. This chapter suggests that the question of whether the defendant has breached a duty of care is a mixed one of law and fact and that the standard of care required of the defendant is an exclusively legal construct and based on the standard of a hypothetical reasonable person. The chapter considers also special issues involving proof of breach, most importantly in the application of the res ipsa loquitur doctrine.

Chapter

Cover Essential Cases: Tort Law

Bolton v Stone [1951] AC 850  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bolton v Stone [1951] AC 850. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Bolton v Stone [1951] AC 850  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bolton v Stone [1951] AC 850. The document also included supporting commentary from author Craig Purshouse.

Book

Cover Tort Law Concentrate
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. Having begun with a consideration of the meaning of tort and the context of the ‘tort system’, Tort Law Concentrate covers the key elements of negligence: duty of care, breach of duty, and causation. Economic loss and psychiatric injury are specifically discussed. The book also explains the intentional torts: trespass to the person and to land as well as the tort in Wilkinson v Downton are covered, as is product liability. The family of nuisance torts, with their importance for environmental control are included, as is the key issue of remedies. This new edition includes coverage of recent case law, such as Barclays Bank plc v Various Claimants (2020) and Lachaux v Independent Print (2019). This edition has been fully updated in light of developments in the law, including the continuing impact of the Human Rights Act 1998 and the Consumer Rights Act 2015.

Chapter

Cover Casebook on Tort Law

7. Breach of duty: the standard of care  

Once it has been established that there is a sufficient relationship between the parties to establish a duty, the question then arises whether the defendant has been in breach of this duty. This involves a number of issues, many of which involve the judgment of the ‘reasonable man’. The defendant’s behaviour must have fallen below the level of the standard of care owed, which defines the level of safety a claimant is entitled to expect. The ‘reasonable man’ may give the impression of certainty where there is none, for whether it is reasonable to take a certain risk involves questions of economic and social policy which are rarely expressed in the law reports.

Chapter

Cover Essential Cases: Tort Law

Nettleship v Weston [1971] 2 QB 691  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Nettleship v Weston [1971] 2 QB 691. The document also included supporting commentary from author Craig Purshouse.