6. Defences to negligence

2020 ◽  
pp. 146-164
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Legal Knowledge ◽  
Key Points ◽  
Contributory Negligence

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. The claimant has the burden of establishing liability for the tort while the defendant has the burden of establishing the defence. If the claimant establishes a successful cause of action in tort, the defendant must plead one (or more) of the defences available to him. If the defendant establishes a successful defence, either his liability for the damage may be reduced or he may be totally absolved from liability. This chapter examines general defences applicable to all torts but which have particular relevance to claims in negligence, focusing on contributory negligence, volenti non fit injuria, and ex turpi causa non oritur actio.

11. Damages

2019 ◽  
pp. 288-323
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Legal Knowledge ◽  
Key Points ◽  
Contributory Negligence ◽  
Liquidated Damages ◽  
The Difference ◽  
The Relationship ◽  
Reliance Interest

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 examines the principles by which contractual damages are assessed. The discussions cover the aim of contractual damages, the difference between damages in contract and in tort; the relationship between the expectation interest and the reliance interest; cost of cure and difference in value; remoteness of damage; foreseeability and assumption of risk; non-pecuniary losses; mitigation; contributory negligence; and penalties, liquidated damages and forfeiture.

11. Damages

2017 ◽  
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Legal Knowledge ◽  
Key Points ◽  
Contributory Negligence ◽  
Liquidated Damages ◽  
The Difference ◽  
The Relationship ◽  
Reliance Interest

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 examines the principles by which contractual damages are assessed. The discussions cover the aim of contractual damages, the difference between damages in contract and in tort; the relationship between the expectation interest and the reliance interest; cost of cure and difference in value; remoteness of damage; foreseeability and assumption of risk; non-pecuniary losses; mitigation; contributory negligence; and penalties, liquidated damages and forfeiture.

11. Damages

2021 ◽  
pp. 290-326
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Legal Knowledge ◽  
Key Points ◽  
Contributory Negligence ◽  
Liquidated Damages ◽  
The Difference ◽  
The Relationship ◽  
Reliance Interest

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 examines the principles by which contractual damages are assessed. The discussions cover the aim of contractual damages, the difference between damages in contract and in tort; the relationship between the expectation interest and the reliance interest; cost of cure and difference in value; remoteness of damage; foreseeability and assumption of risk; non-pecuniary losses; mitigation; contributory negligence; and penalties, liquidated damages and forfeiture.

8. Negligence: occupiers’ liability

2018 ◽  
Author(s):  
Vera Bermingham ◽  
Carol Brennan
Keyword(s):  
Legal Knowledge ◽  
Key Points ◽  
Contributory Negligence

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. The claimant has the burden of establishing liability for the tort while the defendant has the burden of establishing the defence. If the claimant establishes a successful cause of action in tort, the defendant must plead one (or more) of the defences available to him. If the defendant establishes a successful defence, either his liability for the damage may be reduced or he may be totally absolved from liability. This chapter examines general defences applicable to all torts but which have particular relevance to claims in negligence, focusing on contributory negligence, volenti non fit injuria, and ex turpi causa non oritur actio.

13. Privity and the interests of third parties

2021 ◽  
pp. 345-364
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Legal Knowledge ◽  
Key Points ◽  
Specific Performance

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 examines the privity rule, which states that only a party to the contract can sue upon it. It discusses the development of the privity rule, distinguishing the privity rule from the consideration rule, evading the privity rule, techniques for giving a right directly to a third party or apparent third party, specific performance in favour of a third party and damages for a third party’s loss, and the Contracts (Rights of Third Parties) Act 1999.

11. Article 5: right to liberty and security

2021 ◽  
pp. 224-251
Author(s):  
Howard Davis
Keyword(s):  
Mentally Ill ◽  
Personal Autonomy ◽  
European Convention ◽  
Legal Knowledge ◽  
Key Points ◽  
Social Subordination ◽  
Immigration And Asylum ◽  
The Right ◽  
Article 5 ◽  
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 discusses Article 5 the right to liberty. This is liberty in its classic sense, addressing the physical liberty of a person (as opposed to broader concepts of liberty, such as the sense of personal autonomy and the lack of individual or social subordination). Article 5 deals with restrictions of liberty like arrest and detention by the police, imprisonment after conviction, detention of the mentally ill in hospitals, and the detention of foreigners in the context of immigration and asylum. It defines and restricts the purposes for which a person can be deprived of his or her liberty and, importantly, requires that people have access to judicial supervision so that the lawfulness of any deprivation of liberty can be examined and, if necessary, remedied. The overriding guarantee of Article 5 is the right not to be detained in an arbitrary manner.

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.

7. Purpose trusts

2021 ◽  
pp. 149-171
Author(s):  
Gary Watt
Keyword(s):  
General Rule ◽  
Legal Person ◽  
Legal Knowledge ◽  
Key Points ◽  
Nonprofit Associations ◽  
Charitable Purpose

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. The object of a trust can be a legal person (human or corporate), a public (charitable) purpose or a private purpose. This chapter shows that trusts for private purposes are generally void, although there are a number of important exceptions to this general rule, that is, where trusts for private purposes are valid. A trust for private purposes usually takes the form of a permanent endowment, which potentially renders the capital inalienable in perpetuity. The chapter explains why trusts for private purposes are generally void and discusses the anomalous exceptions to the general rule, trusts of imperfect obligation, purpose trusts with indirect human beneficiaries and distribution of surplus donations. It also looks at various devices for avoiding the prohibition against trusts for private purposes, outlines the special problems raised by gifts to unincorporated nonprofit associations and considers how a donor can achieve their intentions in making a gift to an unincorporated association.

5. Positive terms

2021 ◽  
pp. 105-129
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Legal Knowledge ◽  
Key Points

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. The terms of the contract give substance to the contractual parties’ obligations. They lay down what each party is expected to do in performance of his obligations, and so it is crucial in any dispute to first establish the terms of the contract before looking to see whether one party has failed to perform his obligations. This chapter focuses on the positive terms of the contract. The discussions cover terms and representations; collateral warranties; implied terms; and conditions, warranties and innominate terms and the significance of the remedies, including termination, attached to each.

19. The equitable liability of strangers to the trust

2021 ◽  
pp. 453-472
Author(s):  
Gary Watt
Keyword(s):  
Common Law ◽  
Legal Knowledge ◽  
Key Points ◽  
Trust Property ◽  
The Law ◽  
The Relationship

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 shows how a stranger to the trust may be threatened with personal equitable liability. It explains the rationale behind equitable liability for ‘knowing receipt’ of trust property, considers the distinction between ‘knowing receipt’ and ‘inconsistent dealing’, examines the nature of a stranger’s liability for dishonest assistance in (or procurement of) a breach of trust and looks at possible reforms of the law in this area. The chapter also discusses how liability of strangers differs from tracing, trusteeship de son tort, the four requirements for ‘dishonest assistance’ (existence of a trust, breach of the trust, assistance and dishonesty), the relationship between knowledge and dishonesty in cases of dishonest assistance and whether accessory liability should be a common law tort.

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