Tort Law Concentrate

2017 ◽  
Author(s):  
Carol Brennan
Keyword(s):  
Environmental Control ◽  
Product Liability ◽  
Economic Loss ◽  
Tort Law ◽  
Case Law ◽  
Essential Information ◽  
The Family ◽  
Tort System ◽  
Human Rights Act ◽  
Human Rights Act 1998

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. Having begun with a consideration of the meaning of tort and the context of the ‘tort system’, Tort Law Concentrate covers the key elements of negligence: duty of care, breach of duty, and causation. Economic loss and psychiatric injury are specifically discussed. The guide also explains the intentional torts: trespass to the person and to land as well as the tort in Wilkinson v Downton are covered, as is product liability. The family of nuisance torts, with their importance for environmental control are included, as is the key issue of remedies. This new edition includes coverage of recent case law, such as Woodland v Swimming Teachers’ Association (2014) and Coventry v Lawrence (2014). This edition has been fully updated in light of developments in the law, including the Defamation Act 2013 and the continuing impact of the Human Rights Act 1998.

Tort Law Concentrate

2019 ◽  
Author(s):  
Carol Brennan
Keyword(s):  
Environmental Control ◽  
Product Liability ◽  
Economic Loss ◽  
Tort Law ◽  
Case Law ◽  
Essential Information ◽  
The Family ◽  
Tort System ◽  
Human Rights Act ◽  
Human Rights Act 1998

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. Having begun with a consideration of the meaning of tort and the context of the ‘tort system’, Tort Law Concentrate covers the key elements of negligence: duty of care, breach of duty, and causation. Economic loss and psychiatric injury are specifically discussed. The guide also explains the intentional torts: trespass to the person and to land as well as the tort in Wilkinson v Downton are covered, as is product liability. The family of nuisance torts, with their importance for environmental control are included, as is the key issue of remedies. This new edition includes coverage of recent case law, such as Woodland v Swimming Teachers’ Association (2014) and Coventry v Lawrence (2014). This edition has been fully updated in light of developments in the law, including the Defamation Act 2013 and the continuing impact of the Human Rights Act 1998.

Tort Law Concentrate

2021 ◽  
Author(s):  
Carol Brennan
Keyword(s):  
Environmental Control ◽  
Product Liability ◽  
Economic Loss ◽  
Tort Law ◽  
Case Law ◽  
Essential Information ◽  
The Family ◽  
Tort System ◽  
Human Rights Act ◽  
Human Rights Act 1998

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. Having begun with a consideration of the meaning of tort and the context of the ‘tort system’, Tort Law Concentrate covers the key elements of negligence: duty of care, breach of duty, and causation. Economic loss and psychiatric injury are specifically discussed. The book also explains the intentional torts: trespass to the person and to land as well as the tort in Wilkinson v Downton are covered, as is product liability. The family of nuisance torts, with their importance for environmental control are included, as is the key issue of remedies. This new edition includes coverage of recent case law, such as Barclays Bank plc v Various Claimants (2020) and Lachaux v Independent Print (2019). This edition has been fully updated in light of developments in the law, including the continuing impact of the Human Rights Act 1998 and the Consumer Rights Act 2015.

3. The Human Rights Act 1998 (HRA)

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Public Authority ◽  
European Convention ◽  
Essential Information ◽  
The Future ◽  
Human Rights Act ◽  
Human Rights Act 1998

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 focuses on the Human Rights Act 1998 (HRA), which was introduced to allow individuals to argue cases involving rights contained in the European Convention on Human Rights (ECHR) directly before a UK court. It first explains the background and rationale underlying the HRA, focusing on the arguments for and against a Human Rights Act, as well as the human rights that are covered and not covered by the HRA. The chapter then discusses the judicial powers/duties and remedies under the HRA, along with powers of derogation and reservation, with an emphasis on ECtHR case law, the interpretation clause, and declarations of incompatibility with the Convention rights. In addition, it examines the HRA’s use of proportionality and judicial deference doctrines when deciding whether an act by a public authority is incompatible with a Convention right. The chapter concludes by assessing the future of the HRA.

12. Grounds for judicial review: irrationality, proportionality, merits-based judicial review, and the Human Rights Act 1998

2017 ◽  
Author(s):  
Colin Faragher
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Case Law ◽  
Essential Information ◽  
House Of Lords ◽  
Relevant Case ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Principle Of Proportionality ◽  
The Impact

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 grounds for judicial review. These include irrationality—meaning unreasonableness—which is now linked to the principle of proportionality. In addition, the relevant case law and key principles concerning distinction between procedural and merits based judicial review are fully explained. The impact of the Human Rights Act 1998 on judicial review is assessed generally. The emergence and development of the ‘outcomes is all’ approach to judicial review where breach of convention rights is alleged is explored by examining a number of significant House of Lords cases.

12. Grounds for judicial review: irrationality, proportionality, merits-based judicial review, and the Human Rights Act 1998

2019 ◽  
pp. 173-181
Author(s):  
Colin Faragher
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Case Law ◽  
Essential Information ◽  
House Of Lords ◽  
Relevant Case ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Principle Of Proportionality ◽  
The Impact

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 grounds for judicial review. These include irrationality—meaning unreasonableness—which is now linked to the principle of proportionality. In addition, the relevant case law and key principles concerning distinction between procedural and merits-based judicial review are fully explained. The impact of the Human Rights Act 1998 on judicial review is assessed generally. The emergence and development of the ‘outcomes is all’ approach to judicial review where breach of Convention rights is alleged is explored by examining a number of significant House of Lords cases.

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.

12. Grounds for judicial review Irrationality, proportionality, merits-based judicial review, and the Human Rights Act 1998

2021 ◽  
pp. 175-183
Author(s):  
Colin Faragher
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Case Law ◽  
Essential Information ◽  
House Of Lords ◽  
Relevant Case ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Principle Of Proportionality ◽  
The Impact

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 grounds for judicial review. These include irrationality—meaning unreasonableness—which is now linked to the principle of proportionality. In addition, the relevant case law and key principles concerning distinction between procedural and merits-based judicial review are fully explained. The impact of the Human Rights Act 1998 on judicial review is assessed generally. The emergence and development of the ‘outcomes is all’ approach to judicial review where breach of Convention rights is alleged is explored by examining a number of significant House of Lords cases.

6. Parliamentary sovereignty

2021 ◽  
pp. 81-93
Author(s):  
Colin Faragher
Keyword(s):  
Human Rights ◽  
Legislative Process ◽  
Essential Information ◽  
Parliamentary Sovereignty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Definition Of

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 definition of parliamentary sovereignty, AV Dicey’s views concerning parliamentary sovereignty, the jurisdiction of the courts, whether the substance of an Act of Parliament can be challenged, the enrolled bill rule; whether the jurisdiction of the court over an Act of Parliament can be enlarged; the rule in Pepper v Hart; entrenchment clauses; prospective formula; the effect of the Human Rights Act 1998; the devolution of the legislative process.

2. Burden of proof

2019 ◽  
pp. 10-36
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Human Rights ◽  
Burden Of Proof ◽  
Case Law ◽  
Detailed Examination ◽  
European Convention ◽  
Presumption Of Innocence ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Civil Cases

This chapter focuses on the burden of proof and presumption of innocence in criminal and civil cases under Article 6 of the European Convention on Human Rights (ECHR). It considers the influence of the UK’s Human Rights Act 1998 on the allocation of the burden of proof and compares legal/persuasive burden of proof with the evidential burden. It contains a detailed examination of the case law under this Act and the criteria developed to assess where reverse burdens should apply. It draws on academic commentary in making this analysis. It also looks at situations where the legal and the evidential burden may be split. It concludes with an overview of the law on presumptions.

1. The English legal system

2019 ◽  
pp. 1-14
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Legal System ◽  
Essential Information ◽  
System P ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact ◽  
Commercial Relationships ◽  
The Eu

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 English legal system. It provides an overview of the courts in the civil and criminal divisions, and their hierarchy. It discusses the source of law, delegated legislation, the impact of membership in the EU and the Human Rights Act 1998, and alternative forms of dispute resolution (ADR). The implications of ADR are increasingly important in civil disputes and essential between businesses where traditional court action can destroy commercial relationships.

Sign in / Sign up

Export Citation Format

Share Document