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Chapter

Cover Street on Torts

25. Capacity and parties  

This chapter examines the issues of capacity and parties in tort law. It explains that capacity refers to the status of legal persons and their ability to sue or be sued in tort and that a claimant’s injury might be caused by more than one person. Examples are given of the capacity to sue and be sued of companies and children. This chapter discusses also the point that any person successfully sued in tort can seek contribution from other joint or concurrent tortfeasors and this can be done in the course of the original action commenced by the claimant, or in separate proceedings between tortfeasors.

Chapter

Cover Essential Cases: Tort Law

McFarlane v Tayside Health Board [2000] 2 AC 59  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in McFarlane v Tayside Health Board [2000] 2 AC 59. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

McFarlane v Tayside Health Board [2000] 2 AC 59  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in McFarlane v Tayside Health Board [2000] 2 AC 59. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Tort Law Concentrate

6. Breach of duty  

The standard of care

This chapter discusses the law on standard of care and breach of duty. To establish that the duty of care has been breached, the standard of care must first be found and then it must be decided if that standard was reached in the circumstances. The general standard of care is objective: the ‘reasonable person’ standard. Variations in the standard of care regarding children and the more skilled or professional are discussed, as are those pertaining to sport and the medical profession. Proof of breach must be established by the claimant on the balance of probabilities; occasionally with the benefit of the evidential tool of res ipsa loquitur.