Course Notes: Tort Law

215 Pages·2012·3.61 MB·English

by  Brendan Greene

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First edition published 2012 by Hodder Education
Published 2013 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY, 10017, USA
Routledge is an imprint of the Taylor & Francis Group, an informa business
Copyright © 2012 Brendan Greene
All rights reserved. No part of this book may be reprinted or reproduced or
utilised in any form or by any electronic, mechanical, or other means, now
known or hereafter invented, including photocopying and recording, or in
any information storage or retrieval system, without permission in writing
from the publishers.
The advice and information in this book are believed to be true and
accurate at the date of going to press, but neither the authors nor the publisher
can accept any legal responsibility or liability for any errors or omissions.
Library of Congress Cataloging-in-Publication Data
A catalog record for this book is available from the Library of Congress
Proudly sourced and uploaded by [StormRG]
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ISBN 13: 978-1-444-14656-1 (pbk)
Cover photo © lussiya - Fotolia
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Contents
Guide to the book .............................................iv
Guide to the website ........................................vi
Acknowledgments ..........................................viii
Preface ...............................................................ix
Table of cases .....................................................x
Table of statutes and other instruments .......xix
1: Negligence: duty of care .............................1
2: Negligence: breach of duty ........................9
3: Negligence: causation ...............................20
4: Negligence: omissions, third parties,
rescuers, public bodies and the
emergency services ....................................37
5: Negligence: economic loss,
negligent mis-statements and
psychiatric injury .......................................51
6: Liability for defective products ................69
7: Nuisance .....................................................78
8: Rylands v Fletcher ......................................94
9: Trespass to land .......................................100
10: Occupiers’ liability ..................................107
11: Trespass to the person ............................121
12: Vicarious liability .....................................133
13: Defamation ..............................................145
14: General defences and limitation ............160
15: Remedies ..................................................173
Glossary ...........................................................180
Index ...............................................................182
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Guide to the book
Check new words and essential legal terms and what they mean
Defi nition
Capacity: understanding, awareness, capability, clear mind,
reasoning, ability.
Test your legal knowledge! Practice makes perfect –
answer questions on what you’ve just read
Workpoint
Why is capacity important in criminal law ?
Questions to help you delve deeper into the
law and to guide your further reading
Research Point
In 2003 the Parliamentary Joint Committee on Human Rights criticised
the age of criminal liability in their Tenth Report of Session 2002-03,
HL1/High Court. Look up paragraphs 35 to 38 and make notes on the
main arguments below.
Provides examples and extracts from the key
cases and judgements you need to know
Case:
Antoine (2000) The words “did the act or made
the omission” in the 1964 Act
refer to the actus reus only. The
mental element need not be
explored.
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G
U
Diagrams illustrate key points for visual learners ID
E
T
O
People who lack T
H
capacity in criminal law E
B
O
O
K
Children under Those with a
Corporations
the age of ten mental illness
Tick off what you have learnt and check you're on track
Checkpoint - corporate manslaughter
I can explain the effect of C v DPP (1995) on the
doctrine of doli incapax
I can suggest ways in which a Crown Court trial could
be made more accessible to a child.
Provide you with potential real-life exam questions.
Answers are available on the accompanying website.
Potential exam questions:
1) A ssess the ways in which incapacitated defendants are dealt
with in the criminal court system.
2) Examine the role of vicarious liability in criminal law.
3) C orporations can be indicted for criminal offences the same as
individuals can.
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Guide to the website
There is useful additional material online to support your learning of
tort law. Login atwww.unlockingthelaw.co.uk
Interactive questions to help you revise aspects of the law
Model Answers
Chapter 1
1. When the criminal law prosecutes and sentences criminals, its
purpose is to:
(cid:129) incapacitate the criminal
(cid:129) punish the criminal
(cid:129) deter the criminal and the public
(cid:129) reform the criminal
(cid:129) educate the criminal and the public
(cid:129) affi rm moral standards and restore justice in society.
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Useful links to websites to help you research further your
studies in law
G
U
www.parliament.uk ID
The offi cial Parliament website; use it to track all criminal bills E
T
currently before Parliament, explore the role of the House of Lords O
in law-making, and search for delegated legislation. T
H
E
www.legislation.gov.uk W
The offi cial website for the Stationary Offi ce; use it to search E
B
for newly enacted and revised legislation, draft legislation and SIT
statutory instruments for the United Kingdom, Scotland, Northern E
Ireland and Wales.
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Acknowledgments
The author would like to thank Lucy Winder, Sundus Pasha and Jasmin
Naim at Hodder for their work on this project, and the reviewer for
their comments on the manuscript.
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Preface
The Course Notes series is intended to provide students with useful
notes, which are presented in a way that helps with visual learning.
The series is also interactive with:
(cid:129) Workpoints for students to work through
(cid:129) Research Points where students are invited to further their knowledge
and understanding by referring to important source materials
(cid:129) Checkpoints to see whether the reader has understood/ learned the
key points on each topic
(cid:129) Examination style questions at the end of each chapter.
There is also support available on the companion website where stu-
dents can check their own answers to the examination-style questions
against the suggested answers on the site, as well as interactive ques-
tions and useful links for research.
Jacqueline Martin
Course Notes: Tort Law
Tort is an interesting subject for law students to study because of its
relevance to everyday life. For example, if someone is injured in a car
accident caused by another driver they will want to take legal action
against the careless driver in the tort of negligence.
There are two main aims. Firstly, to provide a guide to the main legal
principles, cases and statutes in tort and secondly to act as a revision aid.
The hope is that using the book will encourage students to develop
their understanding of tort by further reading of some of the suggested
articles and cases. This in turn should enable students to succeed in
their examinations.
The purpose of this book can be compared to that of a walker’s guide to
the terrain ahead. It is a guide to help the student to navigate through
that terrain rather than to be an exhaustive account of everything that
the walker may encounter. It is not intended to replace the main text-
books on tort but to supplement them by providing help to check under-
standing and learning and to show approaches to answering questions.
Brendan Greene
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