12. Nuisance

2018 ◽  
Author(s):  
Vera Bermingham ◽  
Carol Brennan
Keyword(s):  
Consumer Protection ◽  
Strict Liability ◽  
Personal Injury ◽  
Legal Knowledge ◽  
Property Damage ◽  
Consumer Protection Act ◽  
Key Points ◽  
Tort System ◽  
The Uk ◽  
The Cost

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 of the UK involves a strict liability regime for defective products on a variety of potential defendants. This 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.

12. Nuisance

2020 ◽  
pp. 284-314
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Consumer Protection ◽  
Strict Liability ◽  
Personal Injury ◽  
Legal Knowledge ◽  
Property Damage ◽  
Consumer Protection Act ◽  
Key Points ◽  
Tort System ◽  
The Uk ◽  
The Cost

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 of the UK involves a strict liability regime for defective products on a variety of potential defendants. This 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.

10. Product liability

2020 ◽  
pp. 241-258
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Consumer Protection ◽  
Strict Liability ◽  
Product Liability ◽  
Personal Injury ◽  
Legal Knowledge ◽  
Property Damage ◽  
Consumer Protection Act ◽  
Key Points ◽  
Tort System ◽  
The Cost

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 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.

14. Elements of defamation

2018 ◽  
Author(s):  
Vera Bermingham ◽  
Carol Brennan
Keyword(s):  
Strict Liability ◽  
Case Law ◽  
Recent Case ◽  
Personal Injury ◽  
Duty Of Care ◽  
Legal Knowledge ◽  
Current State ◽  
Key Points ◽  
Continuous Activity ◽  
State Of Affairs

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.

13. Rylands v Fletcher

2020 ◽  
pp. 315-328
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Strict Liability ◽  
Case Law ◽  
Recent Case ◽  
Personal Injury ◽  
Duty Of Care ◽  
Legal Knowledge ◽  
Current State ◽  
Key Points ◽  
Continuous Activity ◽  
State Of Affairs

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.

2. Trespass to the person and to land

2018 ◽  
Author(s):  
Vera Bermingham ◽  
Carol Brennan
Keyword(s):  
Tort Law ◽  
Corrective Justice ◽  
Personal Injury ◽  
Legal Knowledge ◽  
Historical Overview ◽  
Alternative Compensation ◽  
Personal Injury Litigation ◽  
Key Points ◽  
Tort System ◽  
Fault 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. Tort law is designed to address the consequences of loss. This is accomplished mainly through compensation and deterrence. A third aim of tort law is corrective justice. This chapter discusses the compensation aim of tort law, focusing on personal injury caused by accidents. It examines whether this aim has been successfully accomplished and considers the relative merits of other forms of compensation. After providing a historical overview of the tort system of compensation, the chapter looks at the function of tort as a form of compensation for loss and places tort in the context of other forms of compensation. It also analyses insurance, no-fault liability, and alternative compensation schemes before ending with a discussion of current debates concerning possible high levels of personal injury litigation.

21. Applications: prisoners’ rights

2021 ◽  
pp. 433-447
Author(s):  
Howard Davis
Keyword(s):  
Human Rights ◽  
The State ◽  
European Convention ◽  
Legal Knowledge ◽  
Key Points ◽  
Self Test ◽  
The Uk ◽  
Article 5 ◽  
The Impact ◽  
Domestic Law

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter considers the application of Convention rights in the field of prisoners’ rights; the impact of Convention rights on prisoners in the UK is considered. Prisoners remain within the protection of the European Convention on Human Rights, though the application of these rights will take their position into account. Prisoners’ rights include not only rights to the non-arbitrary loss of liberty (Article 5) and rights to fair procedures (Articles 5 and 6), but also not to be disproportionately denied the rights and freedoms in Articles 8–11. Imprisonment deprives individuals of their liberty and, therefore, is a public function for which the state is responsible under the Convention. The controversy over prisoners’ right to vote is discussed in Chapter 25.

4. Strict, vicarious, and corporate liability

2020 ◽  
pp. 84-98
Author(s):  
Nicola Monaghan
Keyword(s):  
Criminal Liability ◽  
Strict Liability ◽  
Mens Rea ◽  
Legal Knowledge ◽  
Criminal Offence ◽  
Vicarious Liability ◽  
Key Points ◽  
Corporate Liability ◽  
A Company

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. This chapter discusses the three special forms of criminal liability: strict liability (including absolute liability), vicarious liability, and corporate liability. A strict liability offence is an offence which does not require proof of at least one mens rea element. An absolute liability offence does not require proof of any mens rea elements. Vicarious liability imposes liability on the defendant for the acts or omissions of another person. Corporate liability relates to the liability of a company for a criminal offence.

11. The Regulation of Medicines

Medical Law ◽  
2019 ◽  
pp. 573-624
Author(s):  
Emily Jackson
Keyword(s):  
Consumer Protection ◽  
Strict Liability ◽  
Marketing Authorization ◽  
Safety And Efficacy ◽  
Consumer Protection Act ◽  
European Harmonization ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate; providing students with a stand-alone resource. This chapter examines the regulation of medicines. It first explains what a medicine is and the need for it to have a marketing authorization before it can be put into circulation. It covers the importance not only of establishing safety and efficacy before licensing, but afterwards as well, through pharmacovigilance mechanisms. The chapter covers the increasing European harmonization of the rules covering the licensing and marketing of medicines, and briefly discusses the implications of Brexit. Finally, it looks at liability for defective medicines, and the strict liability regime under the Consumer Protection Act.

2. Negligence: duty of care

2020 ◽  
pp. 23-58
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Duty Of Care ◽  
Physical Injury ◽  
Legal Knowledge ◽  
Property Damage ◽  
Key Points ◽  
History Of ◽  
The Way ◽  
Public Bodies

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. Negligence is a tort in its own right and involves an unintentional wrong as opposed to trespass which involves an intentional wrong. It has three main elements: duty of care (whether the defendant owes the claimant a duty of care), breach (whether the defendant has breached that duty), and damage (whether that breach has caused damage of a legally recognized kind to the claimant). Duty of care is determined by proximity, foreseeability, and policy and is most likely to be established in cases of positive acts which cause physical injury or property damage. This chapter provides an overview of the history of negligence and discusses the function of duty of care in negligence. It also considers the way duty of care has been defined and developed and applies the principles of duty of care in the areas of omissions and liability of public bodies.

10. Product liability

2017 ◽  
Author(s):  
Carol Brennan
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
Common Law ◽  
Strict Liability ◽  
Product Liability ◽  
Technical Innovation ◽  
Consumer Protection Act ◽  
The Law ◽  
Development Risks ◽  
Union Directive

This chapter discusses the law on product liability. Common law product liability is based upon the law of negligence. Beginning with the narrow ratio in Donoghue v Stevenson (1932), it further developed the concept of intermediate examination in Grant v Australian Knitting Mills (1936). The relevant statute is the Consumer Protection Act 1987, passed in response to a European Union Directive. This introduces strict liability, when a defective product causes damage. The CPA establishes a hierarchy of possible defendants beginning with the producer. Defences under the CPA include the ‘development risks’ defence to protect scientific and technical innovation. If damage relates to quality or value, the only remedy will be in contract.

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