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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

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.

Chapter

Cover Essential Cases: Tort Law

Reeves v Commissioner of Police of the Metropolis [2000] 1 AC 360  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Reeves v Commissioner of Police of the Metropolis [2000] 1 AC 360. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

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.

Chapter

Cover Essential Cases: Tort Law

Reeves v Commissioner of Police of the Metropolis [2000] 1 AC 360  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Reeves v Commissioner of Police of the Metropolis [2000] 1 AC 360. The document also included supporting commentary from author Craig Purshouse.

Book

Cover Essential Cases: Tort Law
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in tort law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Craig Purshouse, including his assessment of the wider questions raised by the decision.

Chapter

Cover Essential Cases: Criminal Law

R v Adomako [1995] AC 171, House of Lords  

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 Adomako [1995] AC 171, House of Lords. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Adomako [1995] AC 171, House of Lords  

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 Adomako [1995] AC 171, House of Lords. The document also included supporting commentary from author Jonathan Herring.

Book

Cover Essential Cases: Tort Law
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in tort law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Craig Purshouse, including his assessment of the wider questions raised by the decision.

Chapter

Cover Mason and McCall Smith's Law and Medical Ethics

12. Clinical Negligence  

A. M. Farrell and E. S. Dove

This chapter examines the law of clinical negligence. First, the key elements of making a claim in the tort of negligence are outlined. Examples are then drawn from existing case law in clinical negligence, including the use of innovative techniques, complementary medicine, misdiagnosis, the problem of the novice, negligence in treatment and protecting patients from themselves, as well as wrongful conception, birth, and life claims. The doctrine of res ipsa loquitur is also briefly considered. Thereafter, an overview is provided of key aspects of criminal negligence, before moving on to examine alternatives to clinical negligence litigation, including recent proposals for reform such as the creation of no-fault schemes for medical injury.

Chapter

Cover Tort Law

10. Defences to negligence  

This chapter discusses three key defences in the tort of negligence: voluntary assumption of risk (consent or volenti non fit injuria), contributory negligence and illegality. The defence of voluntary assumption of risk is based on the common-sense notion that ‘one who has invited or assented to an act being done towards him cannot, when he suffers it, complain of it as a wrong’. The defence of illegality denies recovery to certain claimants injured while committing unlawful activities. Contributory negligence is a defence that operates not to defeat the claimant’s claim entirely but rather to reduce the amount of damages the defendant must pay.

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 Tort Law

10. Defences to negligence  

This chapter discusses three key defences in the tort of negligence: voluntary assumption of risk (consent or volenti non fit injuria), contributory negligence and illegality. The defence of voluntary assumption of risk is based on the common-sense notion that ‘one who has invited or assented to an act being done towards him cannot, when he suffers it, complain of it as a wrong’. The defence of illegality denies recovery to certain claimants injured while committing unlawful activities. Contributory negligence is a defence that operates not to defeat the claimant’s claim entirely but rather to reduce the amount of damages the defendant must pay.

Chapter

Cover Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law

5. Fault  

This chapter considers the different types of fault required by criminal law. It examines the definitions and/or applications of the following concepts: intention, recklessness, malice, knowledge, and negligence.

Chapter

Cover Essential Cases: Tort Law

Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Overseas Tankship (UK) Ltd v Morts Docks & Engineering Co. Ltd (The Wagon Mound No 1) [1961] AC 388  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Overseas Tankship (UK) Ltd v Morts Docks & Engineering Co. Ltd (The Wagon Mound No 1) [1961] AC 388. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Criminal Law

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.

Chapter

Cover Essential Cases: Criminal Law

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.

Chapter

Cover Equity

6. Supplementing Civil Wrongs  

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 illustrates escalating concerns about the risk of unacceptable disjunctions between Equity and the Common Law. The first section considers the relatively simple matter of Equity supplementing existing Common Law remedies. The next sections consider the more controversial question of Equity and the Common Law embarking on separate paths to deal with the same underlying wrong of negligence. The final sections deal with the intractable problem of how Equity protects Equitable property from abuse by the trustee and interference by other third parties. Each section explores the differences between the Equitable rules and their Common Law counterparts. It is crucial that these differences be soundly justified if they are to remain part of the common law.

Chapter

Cover Essential Cases: Tort Law

Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. The document also included supporting commentary from author Craig Purshouse.