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.

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.

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.

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.

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.

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.

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.

11. The Tort of Negligence

2019 ◽  
pp. 299-334
Author(s):  
Lucy Jones
Keyword(s):  
Criminal Law ◽  
Standard Of Care ◽  
Economic Loss ◽  
Causal Link ◽  
Duty Of Care ◽  
Pure Economic Loss ◽  
Breach Of Duty ◽  
The Law ◽  
The Difference

This chapter discusses the difference between the law of torts and contract and criminal law. It explores the tort of negligence, considering the necessary elements for a claim of negligence, namely the defendant owed the claimant a duty of care, the defendant breached that duty of care, and reasonably foreseeable damage was caused by the breach of duty. The chapter considers the special requirements for the recovery of pure economic loss and for loss as a result of psychiatric injuries, looking at both primary and secondary victims. The principles relating to breach of a duty of care, including the standard of care, are discussed. The chapter concludes with a discussion of the final element, considering the need for a causal link between the breach of duty by the defendant and the damage suffered by the claimant.

14. Directors’ duties

2016 ◽  
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Conflicts Of Interest ◽  
Third Parties ◽  
Fiduciary Duty ◽  
The Core ◽  
The Subject ◽  
Breach Of Duty

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter is concerned with the duties which a director owes to the company, including duty to act within powers, duty to promote the company’s success, duty to exercise independent judgement, duty not to accept benefits from third parties, and duty to avoid conflicts of interest. After reviewing the general duties of directors under Part 10 of the Companies Act 2006, the chapter discusses the fiduciary position of directors, the remedies for breach of directors’ duties, and the liability of those who assist a director in the course of a breach of fiduciary duty. Finally, it considers three ways in which a director who is in breach of duty may be relieved from liability.

14. Directors’ duties

2018 ◽  
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Conflicts Of Interest ◽  
Third Parties ◽  
Fiduciary Duty ◽  
The Core ◽  
The Subject ◽  
Breach Of Duty

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter is concerned with the duties which a director owes to the company, including duty to act within powers, duty to promote the company’s success, duty to exercise independent judgement, duty not to accept benefits from third parties, and duty to avoid conflicts of interest. After reviewing the general duties of directors under Part 10 of the Companies Act 2006, the chapter discusses the fiduciary position of directors, the remedies for breach of directors’ duties, and the liability of those who assist a director in the course of a breach of fiduciary duty. Finally, it considers three ways in which a director who is in breach of duty may be relieved from liability.

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