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.

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 Tort Law: Text and Materials

3. Negligence—Introduction  

 . . If the foregoing are the essential features of Donoghue’s case they are also to be found, in their Lordships’ judgment, in the present case. The presence of the deleterious

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Cover Tort Law: Text and Materials

8. Negligence: Duty of Care—Economic Loss  

 . . The essential distinction between the present case and the situation being considered in the Hedley Byrne case and in the two earlier cases is that in those cases the advice

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2. Introduction to the tort of negligence  

and economic context of the time in which various cases were decided. Just as a case cannot be considered in isolation from other cases, nor should it be considered in isolation from the

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15. Vicarious Liability  

the view that control of the environment in which injury is caused is an essential element in the kind of case with which we are presently concerned. The defendant is not usually in control

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2. Intentional Interference With the Person  

normally, and hopefully almost always, the essential ingredients of the tort. 106. Wilkinson v Downton and Janvier v Sweeney were cases where the statement made by the defendant

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Cover Tort Law: Text and Materials

9. Negligence: Duty of Care—Omissions and Acts of Third Parties  

described alternatively in terms of acts or omissions. ‘A medical man who diagnoses a case of measles as a case of scarlet fever may be said to have omitted to make a correct diagnosis; he may

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5. Causation and Scope of Liability  

what constitutes injustice in a common form type of medical negligence case. Some believe a remedy is essential and that a principled ground for providing an appropriate remedy can be

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14. Privacy  

action. 4. Passing Off Mr Caldecott submits (though in this case not with any great vigour) that the essentials of the tort of passing off, as laid down by the speeches in the House

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5. Special duty problems: psychiatric harm  

psychiatric illness, has to be decided on a case by case basis. (Lord Ackner at 404) The court held that this will be presumed in the case of spouses, parents and children—although

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11. Special Liability Regimes  

necessarily the same in the case of Lacons and in the case of the Richardsons. The duty was to take such care as in all the circumstances of the case was reasonable to see that Mr

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Cover Tort Law: Text and Materials

12. Nuisance and the Rule in Rylands v Fletcher  

Council, considered that, in the class of nuisance which included the case before the Board, foreseeability is an essential element in determining liability. He then continued at 640:

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9. Causation and remoteness of damage  

of what constitutes injustice in a common type of medical negligence case. Some believe a remedy is essential and that a principled ground for providing an appropriate remedy can be

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10. Defences to negligence  

claimant, the difference between them is that in each case the claimant is consenting to something different. In the first case, the claimant is consenting to the specific factual harms

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15. Intentional interferences with the person  

is plainly a powerful case for saying that, in relation to the instant tort, liability for distressing statements, where intent to cause distress is an essential ingredient, it should

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4. Breach of Duty  

automatism. In civil cases that is not the test. So Neill J erred when he considered criminal and civil cases indifferently, and assumed that to escape liability in a civil case a defendant

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6. Defences to Negligence  

the risk. In that sort of case Asquith J regarded the volenti maxim as capable of applying. That, however, is not this case. . . . The second class of case was where the act of the

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20. Vicarious liability  

principals who are unconnected’ ( Laugher v Pointer [1826]). 16 This case was the first to consider the essential elements of the employer–employee relationship (stage 1) in the context

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17. Defamation  

defamation cases by courts in England and Wales in cases against non-domiciled persons (i.e. persons not living in the UK, EU or in a Lugano Convention state). In such cases, courts in