Tort

2013 ◽  
Author(s):  
Stephen Hedley
Keyword(s):  
Land Use ◽  
Economic Loss ◽  
Seventh Edition ◽  
The Core ◽  
Undergraduate Study ◽  
The Subject ◽  
The Law

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. The seventh edition of Tort introduces the central principles of the subject, providing a clear and concise exposition of the law. The text provides an introduction to this key area of undergraduate study. The book starts with the question: what is tort? Chapters then consider deliberate harm and negligent harm. The book also looks at deliberate infliction of economic loss, land use and the environment, and protection of reputation. Finally the book examines parties, liability, remedies, and defences and other factors limiting damages.

scholarly journals Tortious liability for pure economic loss

1979 ◽  
Author(s):  
Ευστάθιος Μπανάκας
Keyword(s):  
Economic Loss ◽  
West Germany ◽  
Pure Economic Loss ◽  
Legal Traditions ◽  
Different Types ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
Comparative Examination ◽  
Individual Style

Financial harm may be caused in many different ways. It can be said that it appears in several different ’’types", each produced in distinct factual circumstances. Different "types" of financial harm may demand a different treatment by the law. The considerations that ought to determine the policy of the law vary together with the factual . circumstances, in which each particular type offinancial harm becomes manifested. Thence the need for a separate examination of the major, or "generic", types of such harm, a need that has already been - detected by Comparative lawyers writing on the subject.(20) The present study will concentrate on the problem ' of financial harm that is not the product of a harmful intention (21) . In the Common Law of Negligence this problem is known as the "pure economic loss" problem. The solutions given to it by English Law are compared to the solutions of the French Law of Torts, and to those of the law of Torts of the German Federal Republic (West Germany)(22). The compared Tort systems not only are leadingthe major legal traditions of our age, each employing its own individual "style" (23), but, also, operate in virtually similar social and economic environments. This should allow the comparison to expose more easily the true merits of any "stylistic" idiosyncrasies, thatthey might possess in this particular connection. The problem of pure economic, loss caused by erroneous advice or information is not examined in * detail in the present study. It has been already the subject of comprehensive Comparative examination (24).

1. The historical origins of the trust

2019 ◽  
pp. 1-13
Author(s):  
JE Penner
Keyword(s):  
Common Law ◽  
The Core ◽  
Administrative Power ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
The Relationship ◽  
Historical Origins

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 traces the historical roots of the trust. The law of trusts is the offspring of a certain English legal creature known as ‘equity’. Equity arose out of the administrative power of the medieval Chancellor, who was at the time the King’s most powerful minister. The nature of equity’s jurisdiction and its ability to provide remedies unavailable at common law, the relationship between equity and the common law and the ‘fusion’ of law and equity, and equity’s creation of the use, and then the trust, are discussed.

Evidence

2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Burden Of Proof ◽  
Expert Evidence ◽  
The Core ◽  
The Subject ◽  
The Law ◽  
Book Covers ◽  
Law Of Evidence ◽  
The Ideal

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. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. Evidence provides students with a succinct yet thought-provoking introduction to all of the key areas covered on undergraduate law of evidence courses. Vibrant and engaging, the book sets out to demystify a traditionally intimidating area of law. Probing analysis of the issues, both historical and current, ensures that the text contains a thorough exploration of the ‘core’ of the subject. The book covers: the relevance and admissibility of evidence; presumptions and the burden of proof; witnesses: competence, compellability and various privileges; the course of the trial; witnesses’ previous consistent statements and the remnants of the rule against narrative; character and credibility; evidence of the defendant’s bad character; the opinion rule and the presentation of expert evidence; the rule against hearsay; confessions; drawing adverse inferences from a defendant’s omissions, lies or false alibis; and identification evidence. A clearly structured introduction, this is the ideal text for any student who may find evidence a somewhat forbidding subject.

1. What is tort?

2013 ◽  
Author(s):  
Steve Hedley ◽  
Nicola Padfield
Keyword(s):  
The Core ◽  
The Subject ◽  
The Law

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 begins with an overview of the law of tort, covering its definition, types of misconduct, types of injury, and its main functions. It then introduces the two major institutions of the law of tort: the tort of negligence and the role played by statute law.

8. Protection of reputation

2013 ◽  
Author(s):  
Steve Hedley ◽  
Nicola Padfield
Keyword(s):  
The Core ◽  
The Subject ◽  
The Law

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 examines tort for the protection of reputation. Reputation is protected principally by the tort of defamation. Defamation is almost unique among the torts: it is very often heard before a judge and jury, rather than a judge alone. The role of the jury is to determine matters of fact and to determine the level of damages. The chapter discusses liability; remedies; absolute defences; qualified defences; other torts protecting reputation; and reform of the law.

3. Freehold ownership

2013 ◽  
Author(s):  
Kevin Gray ◽  
Susan Francis Gray
Keyword(s):  
Land Use ◽  
Common Law ◽  
Land Law ◽  
The Core ◽  
The Subject ◽  
New Form ◽  
Primary Form ◽  
Estate Ownership

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. The primary form of ownership in modern land law is freehold ownership – ownership of an estate in ‘fee simple’. This chapter discusses the following: the ways in which various kinds of fee simple estate may be created, transferred, and terminated; the new form of estate ownership – freehold ownership of ‘commonhold land’ – introduced by the Commonhold and Leasehold Reform Act 2002; and the rules (both at common law and in equity) under which covenants relating to land use may be enforced between owners of freehold estates.

Business Law

2018 ◽  
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Human Rights ◽  
Economic Loss ◽  
Company Law ◽  
Legislative Process ◽  
Eu Law ◽  
Business Law ◽  
Business World ◽  
The Subject ◽  
The Law ◽  
Contractual Obligations

Business Law provides an introduction to the subject. Packed with up-to-date and relevant examples, it demonstrates the real applicability of the law to the business world. The book contains a number of parts. After an introduction about studying the law, the first part covers the English legal system, the constitution, EU law, and human rights. This comprises important issues including statutory interpretation and the legislative process, and court structures. The next part considers contractual obligations. Here terms, contractual capacity, mistake, misrepresentation, duress, contractual terms, regulations, and remedies for breach are included. It continues with tortious liability and describes issues of negligence, nuisance, economic loss, psychiatric injury, and statutory duties. This is followed by an examination of company law. The part that comes next is about employment. Finally, intellectual property issues are considered.

9. Parties, and liability for others

2013 ◽  
Author(s):  
Steve Hedley ◽  
Nicola Padfield
Keyword(s):  
The Core ◽  
The Subject ◽  
The Law

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 discusses liability for torts committed by others. The defendant may be liable for torts committed by others in a number of situations. These situations include: where the defendant’s employee commits a tort; where the defendant was under a duty to prevent others committing torts; and where the defendant’s duty was non-delegable. Where a number of different people are responsible for the same damage, then as between themselves, the law may make a rough apportionment of blame. But each one of them is liable to the claimant for the whole of the loss.

7. Land use and the environment

2013 ◽  
Author(s):  
Steve Hedley ◽  
Nicola Padfield
Keyword(s):  
Land Use ◽  
The Core ◽  
Public Nuisance ◽  
The Subject

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 discusses torts that provide protection in respect of land use. These are trespass to land; private nuisance; public nuisance; and strict liabilities for dangerous activities. Liability for animals is also considered.

6. Deliberate infliction of economic loss

2013 ◽  
Author(s):  
Steve Hedley ◽  
Nicola Padfield
Keyword(s):  
Economic Loss ◽  
Economic Interests ◽  
The Core ◽  
The Subject

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 discusses torts that protect the claimant’s economic interests against deliberate harm. Some are best defined as particular types of forbidden conduct: such as deceit, intimidation, and conspiracy. Others are best defined as protecting particular economic interests, particularly the claimant’s interest in the performance of contracts to which the claimant is party.

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