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Book

Cover Street on Torts

Christian Witting

Street on Torts provides a wide-ranging overview, and a clear and accurate explanation of tort law. The book consists of nine parts. Part I provides an introduction to the subject, including examination of protected interests in tort and the history of this branch of law beginning with the ancient trespass torts. Part II looks at negligent infringements of the person, property and financial interests, as well as examining the liability in negligence of public authorities. Part III looks at intentional invasions of interests in the person and property. Part IV looks at misrepresentation-based and general economic torts. Part V is about torts of strict or stricter liability (that is, where fault plays either no part or a lesser part in liability decisions) and includes consideration of nuisance and product liability. Part VI considers interests in reputation (ie defamation). Part VII is about actions in privacy. Part VIII looks at the misuse of process and public powers. The final part, Part IX, is about vicarious liability, parties, and remedies.

Chapter

Cover Tort Law

18. Trespass to land and nuisance  

This chapter examines torts of trespass to land and nuisance. Trespass to land is concerned with direct harm, and the tort’s primary importance is the protection of property rights. Harm in this context does not necessarily mean actual damage to the land concerned. The harm lies in the fact that land owned by one party has been unjustifiably interfered with by another. Private nuisance deals with indirect and unreasonable interferences to land, including what might be called consequential interferences resulting from a direct action. Private nuisance regulates relationships and conflicts between neighbours, defining their mutual rights and obligations with respect to land use. Many aspects of the law of nuisance, including determining whether an injunction or damages is the appropriate remedy, were clarified by the Supreme Court in Coventry v Lawrence [2014].

Chapter

Cover Casebook on Tort Law

10. Occupiers’ liability  

This chapter focuses on the liability of an occupier to persons who are injured on their premises and the Occupiers’ Liability Acts of 1957 and 1984. The discussion considers the relationship between occupiers’ liability and negligence, what makes someone an ‘occupier’ or ‘visitor’, the duty owed to visitors and to trespassers and other non-visitors, and the exclusion of liability. The basis of liability is fault, and, to visitors at least, the duty differs little from the requirements of negligence, but there are sufficient differences to make it subject to a special chapter. These differences arise partly for historical reasons, but also because of the need to balance the rights of the occupier to deal with their property as they wish and the need to protect entrants from injury.

Chapter

Cover Markesinis & Deakin's Tort Law

12. Trespass to Land  

This chapter discusses trespass to land and defences. Trespass can be committed in various ways, provided that the interference is direct and immediate. The boundary between trespass and other torts, particularly nuisance, is sometimes difficult to draw. Entry on to land is simply the most obvious example of trespass, but other examples include: placing things on land or inducing animals to enter. The Limitation Act 1623, section 5 provides that if the defendant pleads disclaimer of title to the land and if ‘the trespass was by negligence or involuntary’ and he makes a tender of sufficient amends, action against him shall be barred. The claimant’s consent is always a defence to an action in trespass, in the sense that it constitutes ‘leave and licence’.

Book

Cover Casebook on Tort Law

Kirsty Horsey and Erika Rackley

Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.

Chapter

Cover Casebook on Tort Law

13. Intentional interferences with the person  

This chapter considers intentional interferences with the person, including the so-called trespass to the person torts, the tort in Wilkinson v Downton and the Protection from Harassment Act 1997. Trespass is an ancient set of wrongs which mainly deals with the direct, and usually intentional, invasion of a claimant’s interest in his person, his land or his goods. It is the right itself which is protected, and not just the freedom from resulting damage, and much of the law of trespass is the basis of civil liberties today. This chapter considers the torts of assault, battery and false imprisonment, together with various defences. The principal use today of these torts relates not so much to recovery of compensation but to the establishment of a right, or a recognition that the defendant acted unlawfully. The chapter then considers the tort in Wilkinson v Downton which provides a remedy in cases of indirect intentional infliction of distress and the statutory tort of harassment (Protection from Harassment Act 1997).

Chapter

Cover Essential Cases: Tort Law

Tuberville v Savage (1669) 1 Mod Rep 3, 86 ER 684  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tuberville v Savage (1669) 1 Mod Rep 3, 86 ER 684. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Iqbal v Prison Officers Association [2010] QB 732  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Iqbal v Prison Officers Association [2010] QB 732. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Tuberville v Savage (1669) 1 Mod Rep 3, 86 ER 684  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tuberville v Savage (1669) 1 Mod Rep 3, 86 ER 684. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Iqbal v Prison Officers Association [2010] QB 732  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Iqbal v Prison Officers Association [2010] QB 732. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Tort Law Directions

11. Trespass to the person and to land  

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. Trespass, one of the oldest torts, takes three forms that are all actionable per se: trespass to the person, trespass to land, and trespass to goods. In each case, a claimant is not required to prove damage to bring an action in trespass. Many modern cases of trespass to the person are taken against the police or other public officials, mainly to vindicate the claimant’s rights rather than to obtain an award of damages in compensation. This chapter focuses on trespass to the person and trespass to land, the former of which involves an intentional infliction of harm without a direct interference.

Chapter

Cover An Introduction to Tort Law

9. Trespass  

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 trespass, which protects and vindicates the basic rights of the citizen against deliberate, even well-meaning, invasion, whether or not any damage is caused. Every positive act which directly invades one of those basic rights is trespassory, and leads to liability unless it is justified in law. The chapter distinguishes between the tort of negligence and the tort of trespass. It then describes the rights protected by the tort of trespass: freedom of movement, bodily integrity, and property in one's possession. It also explains the right to trespass and the rights of trespassers.

Chapter

Cover Markesinis & Deakin's Tort Law

9. Intentional Interference  

This chapter begins with a discussion of the meaning of intentional interference. It then considers assault, battery, false imprisonment, and residuary trespass and harassment. Intentional physical interference with the person may occur by way of an act that threatens violence (assault), amounts to unlawful contact (battery), or constitutes the deprivation of liberty (false imprisonment). There is, in addition, a residuary and uncertain form of liability for the intentional infliction of physical harm, known as the rule in Wilkinson v. Downton. These torts are normally actionable without proof of damage and they also involve a sharp distinction being drawn between an act and an omission: the latter will not normally suffice to ground liability.

Chapter

Cover Tort Law

18. Trespass to land and nuisance  

This chapter examines torts of trespass to land and nuisance. Trespass to land is concerned with direct harm, and the tort’s primary importance is the protection of property rights. Harm in this context does not necessarily mean actual damage to the land concerned. The harm lies in the fact that land owned by one party has been unjustifiably interfered with by another. Private nuisance deals with indirect and unreasonable interferences to land, including what might be called consequential interferences resulting from a direct action. Private nuisance regulates relationships and conflicts between neighbours, defining their mutual rights and obligations with respect to land use. Many aspects of the law of nuisance, including determining whether an injunction or damages is the appropriate remedy, were clarified by the Supreme Court in Coventry v Lawrence [2014].

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

18. Trespass to Land and Goods, and Conversion  

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 considers a range of proprietary torts which protect against trespass to land and goods, as well as conversion which protects against interferences with goods (but not land). It considers the overlap in functions between conversion and property law, particularly in the available remedies such as recovery of the chattel and damages based both on value of the goods (if not recovered) and on consequential loss. The chapter first looks at non-deliberate trespass to land and the remedies available to the claimant. This is followed by a discussion on wrongful interference with goods. The chapter then presents a general definition of conversion and its distinctive features, and what interest in the chattels the claimant must have. Finally, it outlines a number of remedies available to the claimant in the case of conversion. Relevant court cases are cited where appropriate.

Chapter

Cover Street on Torts

12. Trespass to land  

This chapter examines the protection against interferences with land provided by tort law. Land in this context includes not only the surface of the land but areas above and below it as well as fixtures. The chapter explains that the action for trespass to land protects the interest of the claimant in having his land free from the unjustified physical intrusion of another, and thus protects (once again) possession rather than title as such. The chapter discusses the elements of trespass and describes the types of acts that constitute it. It considers also remedies available for defendants in trespass to land cases, which include injunctions, actions for the recovery of land, and damages.

Chapter

Cover Casebook on Tort Law

16. Trespass to land and nuisance  

This chapter considers two ‘land torts’: trespass to land and private nuisance. Trespass to land protects a person in possession of land against direct invasion of his property. The right to sue includes not only those with a proprietorial interest in the land, such as owners and tenants, but also those who have exclusive occupation such as squatters. The fact that any invasion of land, however minute and whether it causes damage or not, is a trespass, indicates that the primary function of this tort is to protect rights in property, rather than simply to provide compensation. The chapter continues by distinguishing between public and private nuisance. It then discusses the interests protected in private nuisance; the standard of reasonable user; the person(s) liable for nuisance; remoteness of damage; statutory authority and planning permission; and the effect of the Human Rights Act 1998 on nuisance claims.

Chapter

Cover Essential Cases: Tort Law

Collins v Wilcock [1984] 1 WLR 1172  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Collins v Wilcock [1984] 1 WLR 1172. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Murray v Ministry of Defence [1988] 1 WLR 692  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Murray v Ministry of Defence [1988] 1 WLR 692. The document also included supporting commentary from author Craig Purshouse.