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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

2. Torts of Intention  

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 deals with ‘intentional torts’ and their considerable variation that affects both the required target of intention (what must be intended?) and the required level of intention (what does it mean to intend something?). It first considers the meaning of intention before breaking down the ‘intentional torts’ into a number of groups, the first of which is trespass to the person and its three elements: battery, assault, and false imprisonment. The action in Wilkinson v Downton is discussed, as interpreted by the Supreme Court in OPO v Rhodes (2015), along with intentional economic torts. The chapter concludes by focusing on torts relating to intentional abuse of process (malicious prosecution) and of power (misfeasance in a public office).

Chapter

Cover Street on Torts

13. Defences to intentional torts against the person or property  

This chapter examines the types of defence that can be used to counter claims for intentional torts against property or person (although they might be applicable to other torts as well). It explains that defences to these torts can be placed within a threefold system. The first category consists of absent element defences (a successful plea means that the tort has not been committed), the second comprises justification defences (meaning that there was reason to commit the tort), and the third contains public policy defences (which means that the interests of the state intrude so as to deprive the claimant of an action).

Chapter

Cover Lunney & Oliphant's Tort Law

2. Intentional Interference with the Person  

Donal Nolan and Ken Oliphant

This chapter begins with a general section considering the historical background of civil wrongs now classified as intentional interference with the person, along with the relationship between trespass and fault and the meaning of ‘intention’. The remainder of the chapter deals first with the component elements of trespass to the person, namely the torts of assault, battery and false imprisonment, followed by a discussion of the tort of intentional infliction of physical or emotional harm and the statutory cause of action for harassment. The final section deals with the four main defences to the torts discussed in the chapter—lawful arrest and detention, consent, necessity and self-defence.

Chapter

Cover Tort Law: Text and Materials

2. Intentional Interference With the Person  

This chapter begins with a brief historical background of civil wrongs now classified as intentional interference with the person, and then discusses the torts of assault, battery, false imprisonment and intentional infliction of physical or emotional harm, followed by the defences to these torts.

Book

Cover Concentrate Questions and Answers Tort Law
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. Concentrate Questions and Answers Tort Law aims to provide the skills for success in exams in this area of law. It starts off by looking at negligence in terms of duty of care, breach of duty and causation and remoteness of damage. It then looks at employers’ liability and vicarious liability. It also considers product and occupiers liabilities. It examines intentional torts. It looks at the case Rylands v Fletcher. General defences and damages are also considered. Finally, it provides mix topic questions and looks at coursework assessments.

Chapter

Cover Concentrate Questions and Answers Tort Law

8. Intentional Torts  

Dr Karen Dyer and Dr Anil Balan

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. This chapter discusses intentional torts. It covers key debates, sample questions, diagram answer plans, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: trespass to the person: assault, battery, false imprisonment, the rule in Wilkinson v Downton and the Protection from Harassment Act 1997; trespass to land; trespass to goods and the tort of conversion; and defences to intentional torts: necessity, lawful arrest, consent, and self-defence.

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.

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.