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Chapter

Cover Concentrate Questions and Answers Tort Law

12. Damages  

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 the issue of damages, covering key debates, sample questions, diagram answer plan, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: the primary purpose behind an award of damages; the different types of damages; the three principal types of damage for which a remedy may be available: personal injury (death and psychiatric harm included), property damage, economic loss; and how to calculate an award (in principle).

Book

Cover Tort Law

Kirsty Horsey and Erika Rackley

Tort Law encourages the reader to understand, engage with and critically reflect upon tort law. The book first discusses the tort of negligence, looking at the basic principles of the duty of care and at special duty problems relating to omissions and acts of third parties, psychiatric harm, public bodies and economic loss. It also covers breach, causation and remoteness and defences to negligence. The book then considers occupiers’, product and employers’ liability and breach of statutory duty before moving on to look at personal torts and explaining trespass to the person, defamation and the invasion of privacy. It next discusses land torts and and finally looks at liability (including vicarious liability), damages and limitations.

Book

Cover Tort Law

Kirsty Horsey and Erika Rackley

Tort Law encourages the reader to understand, engage with and critically reflect upon tort law. The book contains five parts. Part I, which is about the tort of negligence, looks at the basic principles of the duty of care and at special duty problems relating to: omissions and acts of third parties, psychiatric harm, public bodies and economic loss. It also covers breach, causation and remoteness, and defences to negligence. Part II considers occupiers’, product and employers’ liability and breach of statutory duty. Part III looks at personal torts and explains trespass to the person, defamation and the invasion of privacy. Part IV concerns land torts and Part V looks at liability (including vicarious liability), damages and limitations.

Chapter

Cover An Introduction to Tort Law

2. Negligence  

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 negligence. It elaborates on duty of care based on foreseeability, proximity, assumption of responsibility, property damage and personal injury, purely economic harm, psychiatric harm, less serious upset, and liability for omissions. It argues that the common law duty is higher when it requires a person to take active steps to protect others than when it requires only that he refrain from positively causing an injury. But once it is held that a duty exists, its level is always, apparently, the same: it is the duty to take such care as in all the circumstances of the case is reasonable.

Chapter

Cover Company Law

3. Lifting the veil  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses ‘lifting the veil’, a phrase that refers to situations where the judiciary or the legislature have decided that the separation of corporate personality from the members must not be maintained. In this case, the veil of incorporation is said to be lifted. ‘Lifting’ is also known as ‘peeping’, ‘penetrating’, ‘piercing’, or ‘parting’. The chapter presents statutory examples of veil lifting, many of which involve corporate group structures and others involve straightforward shareholder limitation of liability issues. It also considers cases of veil lifting by the courts as well as classical veil lifting during the periods of 1897 to 1966, 1966 to 1989, and 1989 to the present. Four cases are highlighted: Adams v Cape Industries (1990), Chandler v Cape Plc (2012), Prest v Petrodel Industries Ltd (2013), and Hurstwood Properties (A) Ltd and others v Rossendale Borough Council and another (2021) as well as important recent case development. The chapter also examines claims of tortious liability, the liability of a parent company for personal injury, and commercial tort. Finally, it looks at the costs and benefits of limited liability.

Chapter

Cover Business Law

11. The Tortious Liability of Businesses in Negligence and Nuisance  

This chapter first discusses one of the most important torts—negligence—which may be commonly seen in instances of personal injury. This is followed by a discussion on acts of private and public nuisance. Torts law is particularly relevant to businesses as they need to be aware of the extent of their potential liabilities to workers, visitors to business premises, other businesses, and to the general public. This extends to ensuring that safe systems of work exist and appropriate insurance is maintained. Contrary to civil law, torts law imposes obligations on parties who wish to undertake duties freely and agree to be legally bound via contracts without, necessarily, prior agreement. The duty is to take reasonable care and not intentionally or negligently cause harm or damage.

Chapter

Cover Lunney & Oliphant's Tort Law

15. Damages for Personal Injury  

Donal Nolan and Ken Oliphant

The tortious infliction of injury to another person is remedied through the award of damages. This chapter discusses the different types of damages that may be awarded (compensatory damages, restitutionary damages, exemplary or punitive damages, aggravated damages, nominal damages and contemptuous damages), before addressing the traditional lump-sum approach to the award of damages and the more recent introduction of periodical payments by way of alternative, and the calculation of damages for personal injury (with separate consideration of non-pecuniary losses, loss of earnings, the cost of medical care and the deduction of other benefits received as a result of the tort).

Chapter

Cover Lunney & Oliphant's Tort Law

17. How Tort Works  

Donal Nolan and Ken Oliphant

This chapter discusses the role played by the law of tort in the compensation and prevention of personal injuries. It first examines the way that tort operates in practice: when are claims for compensation actually made; how are claims brought and how are they resolved; how much does it cost to bring a claim; is the compensation paid adequate; and who pays for it? The chapter then turns to evaluation, and focuses upon the ‘fault principle’ that is enshrined in the law of tort—the principle that compensation should only be paid to a person injured by another’s fault. It considers how the law might depart from the fault principle by the development of strict liability or no-fault compensation, concluding with an examination of radical reform options involving the abolition of tort as a means of compensating for personal injuries.

Chapter

Cover Tort Law: Text and Materials

14. Privacy  

The right of privacy under Article 8 of the European Convention on Human Rights was incorporated into English law by the Human Rights Act 1998, but English law as yet recognises no tort of invasion of privacy as such. Admittedly, a number of specific torts protect particular aspects of privacy, but this protection may be regarded as haphazard, incidental, and incomplete. Recent decisions, however, have seen substantial developments in the protection given to particular privacy interests, above all by adapting the law of breach of confidence to provide a remedy against the unauthorised disclosure of personal information. These issues are discussed in this chapter.

Chapter

Cover Tort Law: Text and Materials

16. Damages for Personal Injury  

The tortious infliction of injury to another person is remedied through the award of damages. This chapter discusses the different types of damages (compensatory damages, restitutionary damages, exemplary or punitive damages, aggravated damages, nominal damages, and contemptuous damages); lump sums and periodical payments; and damages for personal injury (non-pecuniary losses, loss of earnings, medical care, and deductions).

Chapter

Cover Tort Law: Text and Materials

18. How Tort Works  

This chapter discusses the role played by the law of tort in the compensation and prevention of personal injuries. It first examines the way that tort operates in practice: when are claims for compensation actually made; how are claims brought and how are they resolved; how much does it cost to bring a claim; is the compensation paid adequate; and who pays for it? The chapter then turns to evaluation, and focuses upon the ‘fault principle’ that is enshrined in the law of tort — the principle that compensation should only be paid to a person injured by another's fault. It considers how the law might depart from the fault principle by the development of strict liability or no-fault compensation, concluding with an examination of radical reform options involving the abolition of tort as a means of compensating for personal injuries.

Chapter

Cover Tort Law Directions

1. Tort: law and system  

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. In civil law, tort provides remedy for a party who has suffered the breach of a protected interest. Tort law protects a wide range of interests. Currently, negligence is the greatest source of litigation with respect to tort. Torts of trespass to the person protect physical safety while trespass to property governs the ownership of property. The tort of defamation provides remedies for threats to one’s reputation. Another tort-related area deals with the protection of privacy from media intrusion. This chapter discusses the range of activity to which tort law applies and the types of harm for which it provides compensation. It also considers the main interests protected by the law of tort, how the law of tort differs from other branches of the law, and the role of policy and the human rights dimension in the law of tort.

Chapter

Cover Tort Law Directions

9. Vicarious liability  

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. In general, liability is based on the personal fault of the wrongdoer himself. A person is liable only for his own acts, and a defendant will usually be free of any liability unless he has negligently or intentionally caused the harm or damage to the claimant. However, a person who has no fault or personal blame may also be held liable for the damage caused by the tort of another. This is known as vicarious liability, which is most common in the workplace and imposes liability without the need to prove that the defendant is at fault.

Chapter

Cover Tort Law Directions

10. Product liability  

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. Manufacturers and producers are liable for personal injury or damage to property caused by a defective product. The claimant will not only recover in contract for personal injury and property damage caused by the defective product, but he will also be compensated for the cost of replacing the product itself. The Consumer Protection Act 1987 involves a strict liability regime for defective products on a variety of potential defendants. This chapter discusses the limitations of the tort system in providing compensation to a victim of harm caused by a defective product, and analyses the scope and limitations of the Consumer Protection Act 1987.

Chapter

Cover Tort Law Directions

13. Rylands v Fletcher  

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. Rylands v Fletcher was an 1868 case that gave birth to a rule imposing strict liability for damage caused by the escape of dangerous things from land. The tort in Rylands v Fletcher differs from nuisance because it does not consider the involvement of the defendant in a continuous activity or an ongoing state of affairs. What distinguishes Rylands v Fletcher from actions in negligence is that there is no need for the existence of a duty of care and its breach, along with the questionable place of personal injury as an actionable type of damage. This chapter examines the tort in Rylands v Fletcher and the nature of the rule that arose from it. It also considers recent case law developments concerning Rylands v Fletcher and their impact on the current state of the law. Finally, the chapter evaluates the defences pertaining to Rylands v Fletcher.

Chapter

Cover Tort Law Directions

8. Employers’ liability and non-delegable duties  

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. Employment contracts implicitly require an employer to take all reasonable care to ensure the health and safety of his or her employees. An employee who suffers an injury due to the tort of another employee may make the employer vicariously liable. In addition, the employer has a personal non-delegable duty of care to ensure that his employees are safe in the workplace. This chapter looks at the various sources of employers’ liability for workplace accidents and discusses the distinction between vicarious liability and personal liability. It also examines the non-delegable nature of the employer’s duty and considers developments in employer’s liability for occupational stress.

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.

Chapter

Cover Casebook on Tort Law

14. Invasion of privacy  

This chapter discusses different aspects of privacy. It shows that there is no general common law right to protection from invasion of privacy (the so-called ‘right to be let alone’), but that limitation has been largely subverted by the new law in the second section on the protection of personal information and the reasonable expectation of privacy that has developed significantly in recent years. This shows the potential power of the Human Rights Act 1998 and the European Convention on Human Rights, and is the subject of considerable controversy, especially in relation to the protection of celebrity privacy. The final section considers remedies in privacy cases.

Chapter

Cover Tort Law Directions

7. Negligence: occupiers’ liability  

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. While tort law is largely based on case law developed by judges through the common law, the liability of occupiers for the injuries suffered by those on their premises is governed by two statutes: the Occupiers’ Liability Act 1957 and the Occupiers’ Liability Act 1984. The chapter explains the scope of an occupier’s liability and how it relates to other aspects of negligence, considers the duty of care owed by occupiers to lawful visitors under the Occupiers’ Liability Act 1957, discusses the duty of care owed by occupiers to trespassers under the Occupiers’ Liability Act 1984 and how it relates to the previous common law duty of care.