Tort Law

2017 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Economic Loss ◽  
Tort Law ◽  
Third Parties ◽  
Duty Of Care ◽  
Vicarious Liability ◽  
Invasion Of Privacy ◽  
Statutory Duty

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 duty of care, omissions, acts of third parties, psychiatric harm, economic loss, 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.

Tort Law

2019 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Economic Loss ◽  
Tort Law ◽  
Third Parties ◽  
Duty Of Care ◽  
Basic Principles ◽  
Vicarious Liability ◽  
Invasion Of Privacy ◽  
Statutory Duty ◽  
Special Duty ◽  
Public Bodies

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.

Tort Law

2021 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Economic Loss ◽  
Tort Law ◽  
Third Parties ◽  
Duty Of Care ◽  
Basic Principles ◽  
Vicarious Liability ◽  
Invasion Of Privacy ◽  
Statutory Duty ◽  
Special Duty ◽  
Public Bodies

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.

Casebook on Tort Law

2021 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Product Liability ◽  
Economic Loss ◽  
Tort Law ◽  
Third Parties ◽  
Duty Of Care ◽  
Basic Principles ◽  
Vicarious Liability ◽  
Statutory Duty ◽  
Wide Range ◽  
The Subject

Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.

Kidner's Casebook on Torts

2019 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Product Liability ◽  
Economic Loss ◽  
Third Parties ◽  
Duty Of Care ◽  
Basic Principles ◽  
Vicarious Liability ◽  
Statutory Duty ◽  
Wide Range ◽  
The Subject ◽  
Breach Of Duty

Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.

Tort Law: Text and Materials

2017 ◽  
Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant
Keyword(s):  
Product Liability ◽  
Economic Loss ◽  
Tort Law ◽  
Case Law ◽  
Duty Of Care ◽  
Vicarious Liability ◽  
Statutory Duty ◽  
The Subject ◽  
Specific Duty ◽  
Selection Of

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.

Kidner's Casebook on Torts

2017 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Product Liability ◽  
Economic Loss ◽  
Third Parties ◽  
Duty Of Care ◽  
Basic Principles ◽  
Vicarious Liability ◽  
Statutory Duty ◽  
Wide Range ◽  
The Subject ◽  
Breach Of Duty

Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.

13. Mixed-topic Questions

2019 ◽  
pp. 189-206
Author(s):  
Dr Karen Dyer
Keyword(s):  
Economic Loss ◽  
Tort Law ◽  
Online Resources ◽  
Duty Of Care ◽  
Essential Information ◽  
Vicarious Liability ◽  
The 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. This chapter presents mixed-topic questions on tort law. In order to answer them fully, students are required to blend their knowledge of the law of tort. They will be able to assess their knowledge on: the purpose of the law of tort; negligence — duty of care, breach, causation, economic loss; remedies; and vicarious liability. Each question is accompanied by a diagram answer plan and suggested answers. Tips for getting extra marks and online resources are also provided.

Still Awaiting Clarity: Why Victoria’s New Civil Liability Laws for Organisational Child Abuse Are Less Helpful than They Appear

2020 ◽  
Vol 43 (2) ◽  
Author(s):  
Laura Griffin ◽  
Gemma Briffa
Keyword(s):  
Child Abuse ◽  
Common Law ◽  
Strict Liability ◽  
Civil Liability ◽  
Royal Commission ◽  
Duty Of Care ◽  
High Court ◽  
Vicarious Liability ◽  
Statutory Duty ◽  
Institutional Responses

In 2017 Victoria became the first Australian jurisdiction to initiate substantive reforms to its civil liability laws, to address barriers faced by plaintiffs seeking to hold institutions liable for child abuse. The new law, based on recommendations arising from a Victorian inquiry, establishes a statutory duty of care owed by organisations to take reasonable precautions against abuse of children under their care or supervision. On its face, the Wrongs Amendment (Organisational Child Abuse) Act 2017 (Vic) looks like a helpful clarification of this complex area of law. However, when viewed within the context of the work of the Royal Commission on Institutional Responses to Child Sexual Abuse, as well as common law principles – particularly strict liability in the areas of non- delegable duty and vicarious liability, and the High Court decision of Prince Alfred College Inc v ADC – we see that barriers and uncertainties remain.

scholarly journals Vindicatory Damages in the Child Welfare Tort Cases

2021 ◽  
Author(s):  
◽  
David Neild
Keyword(s):  
Child Welfare ◽  
Tort Law ◽  
Compensation Scheme ◽  
Public Authorities ◽  
Vicarious Liability ◽  
Accident Compensation ◽  
Statutory Duty ◽  
Statutory Power ◽  
The Way

<p>This thesis argues that vindicatory damages should be available in the child welfare tort cases against public authorities. These are cases in which the plaintiffs sue public authorities either for not protecting them from harm when they were children, or where it is alleged that the authority’s employees abused the children while in its care. Vindicatory damages would be intended to mark the wrong to the plaintiff, rather than attempting to compensate the consequences. This thesis argues in support of the availability of a separate head of vindicatory damages in tort law, including negligence, and explores some of the liability issues which arise in these cases, including vicarious liability, liability for omissions and liability in negligence for the way in which a statutory power is exercised or for a breach of a statutory duty. New Zealand's accident compensation scheme is also discussed: it is argued that vindicatory damages in tort law should not be barred by the scheme.</p>

Privity

2020 ◽  
pp. 480-496
Author(s):  
Mark P. Gergen
Keyword(s):  
Economic Loss ◽  
Tort Law ◽  
Contract Law ◽  
Third Parties ◽  
Property Law ◽  
Unjust Enrichment ◽  
Pure Economic Loss ◽  
Bona Fide ◽  
The Law ◽  
Negligence Law

This chapter discusses privity rules. Privity rules in contract law prevented obligations created by a contract from protruding on third parties, while privity rules in tort law prevented obligations to third parties that might otherwise be imposed by tort law from “indenting” upon a contract. Contract no longer is an impregnable circle of obligation. But contract law still has a privity requirement that prevents a contract from protruding negatively on nonparties. Meanwhile, in tort law, the function of preventing negligence law from indenting upon a contract has devolved to rules that preclude a negligence claim for pure economic loss. Moreover, there are rules in property law and the law of restitution that perform the same functions as the old privity rules in contract law and negligence. These include bona fide purchaser rules in property law and rules in the law of restitution that preclude claims for indirect enrichment and that preserve the priority of contract as a mechanism for resolving problems of unjust enrichment.

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