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].
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2. Introduction to the tort of negligence
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R v Kuddus [2019] EWCA Crim 837, Court of Appeal
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kuddus [2019] EWCA Crim 837, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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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.
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5. Duty of care IV: public authorities
This chapter considers the liability in negligence of public authorities such as government departments and schools. It commences by examining typical features of public authorities, including their statutory and public dimensions. It then considers the tests that courts have used to determine whether they can claim jurisdiction to hear cases involving public authorities—ie, the issue of justiciability. If the court can exercise jurisdiction, then the next issue that arises is the application of the Caparo Industries v Dickman three-stage framework for duty which, in cases of public authorities, requires paying special attention to policy reasons for either recognising or excluding duties of care.
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13. Employers’ liability
This chapter discusses employers’ liability and, in particular, the non-delegable duty of care, which employers owe to their employees to ensure that they are reasonably safe when at work. The duty ensures that an employer remains responsible for key tasks even when their obligations have been delegated to another. The duty of care is typically said to have four components (building on Lord Wright’s statement in Wilsons & Clyde Coal Co Ltd [1938]) comprising the provision of: a competent workforce; adequate material and equipment; a safe system of working (including effective supervision); and a safe workplace.
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3. Duty of care: basic principles
This chapter begins by tracing the development of the duty of care starting with the case of Donoghue v Stevenson [1932]. It goes on to consider the various general tests developed and used by the courts in order to establish when a duty of care is owed.
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5. Special duty problems: psychiatric harm
This chapter begins by explaining the meaning of psychiatric harm. Though initially psychiatric harm was recoverable only if accompanied by physical injury, it is now clear that the claimant can recover for pure psychiatric harm so long as it is a recognised psychiatric illness. The chapter considers the distinction between ‘primary’ and ‘secondary’ victims and other circumstances where the law recognises victims of psychiatric harms as having a claim in negligence (rescuers, involuntary participants, communicators of shocking news, self-harm by the defendant and ‘assumption of responsibility’ cases).
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Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. The document also included supporting commentary from author Craig Purshouse.
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Spartan Steel & Alloys Ltd v Martin and Co. (Contractors) Ltd [1973] 1 QB 27
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Spartan Steel & Alloys Ltd v Martin and Co. (Contractors) Ltd [1973] 1 QB 27. The document also included supporting commentary from author Craig Purshouse.
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Murphy v Brentwood DC [1991] 1 AC 398
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Murphy v Brentwood DC [1991] 1 AC 398. The document also included supporting commentary from author Craig Purshouse.
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Steel v NRAM Ltd [2018] 1 WLR 1190
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Steel v NRAM Ltd [2018] 1 WLR 1190. The document also included supporting commentary from author Craig Purshouse.
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Home Office v Dorset Yacht Co. Ltd [1970] AC 1004
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Home Office v Dorset Yacht Co. Ltd [1970] AC 1004. The document also included supporting commentary from author Craig Purshouse.
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Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428. The document also included supporting commentary from author Craig Purshouse.
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Caparo Industries plc v Dickman [1990] 2 AC 605
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Caparo Industries plc v Dickman [1990] 2 AC 605. The document also included supporting commentary from author Craig Purshouse.
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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.
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Poole Borough Council v GN [2019] UKSC 25
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Poole Borough Council v GN [2019] UKSC 25. The document also included supporting commentary from author Craig Purshouse.
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Robinson v Chief Constable of West Yorkshire [2018] UKSC 4
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Robinson v Chief Constable of West Yorkshire [2018] UKSC 4. The document also included supporting commentary from author Craig Purshouse.
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13. An introduction to the law of torts
This chapter provides an introduction to the law of torts. It explains that the objectives of tort law are to compensate those who suffer harm, to deter conduct that causes harm, and to protect legitimate interests. Tort law, along with contract law, forms the backbone of Britain’s civil justice system and is of immense importance to the business community because it represents a significant source of legal exposure for businesses. The chapter provides an introduction to the concept of the duty of care, as well as discussing who can sue and be sued in the event of a breach of duty. Finally, the chapter discusses how the law of torts has been affected by the European Convention on Human Rights.
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4. The Duty of Care: Introduction and Development
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 notion of the ‘duty of care’ in negligence, and tracks its emergence and development through a series of important cases, including analysis of the Supreme Court’s most recent analysis of the duty of care. It explores the issues relating to liability, principle and policy, incremental development and the Caparo test, and incrementalism and established principle. The chapter concludes with consideration of the special case of omissions and positive duties to act.
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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.
