24. Vicarious Liability

This chapter examines the provisions of tort law on vicarious liability. It discusses the distinction between employees and independent contractors and explains that an employer is ordinarily liable only for the torts of his employees and not for torts committed by mere independent contractors. This chapter also considers various justifications for the imposition of stricter liability in tort law and evaluates whether a separate category of agent should be included in vicarious liability.

27. Principles of Compensation for Personal Injuries and Associated Losses

This chapter examines the principles of awards and damages for personal injuries and associated losses in tort law. It explains that damages are available to both surviving tort victims and to deceased estates. The personal injury damages available to living claimants include those for pecuniary losses and non-pecuniary losses, while for instances where the tort victim has died there are survival actions provided by the Law Reform (Miscellaneous Provisions) Act 1934 and another that treats the victim’s very death as the basis of the claim which is provided for by the Fatal Accidents Act 1976. This chapter also considers various alternative sources of compensation.

23. Misuse of Process and Public Powers

This chapter examines the provisions of tort law concerning misuse of process and public powers. It discusses elements of the three principal causes of action, these being malicious prosecution, abuse of process, and misfeasance in a public office. It highlights the need to balance the protection of individual rights and interests with the conduct of public administration and the administration of justice. This chapter also considers the limits to witness immunity and abuse of the legal process.

7. Defences to Negligence

This chapter examines several defences in negligence cases, including contributory negligence, voluntary assumption of risk, express exclusion or limitation of liability, and illegality. This chapter explains that the plea of voluntary assumption of risk and the defences of express exclusion of liability and illegality can help the defendant reduce liability or avoid liability altogether. It argues that contributory negligence is by far the most important of these defences in practical terms.

5. Breach of Duty

This chapter examines breach of duty in tort law. It discusses the factors that the court considers in determining whether the defendant is in breach of his duty of care to the claimant. These include the foreseeability of harm to the claimant, the appropriate standard of care owed by the defendant to the claimant, and the conduct of the defendant in comparison to the expected standard of care. This chapter suggests that the question of whether the defendant has breached a duty of care is a mixed one of law and fact and that the standard of care required of the defendant is an exclusively legal construct and based on the standard of a hypothetical reasonable person.

4. Duty of Care III:

This chapter considers the liability in negligence of public authorities. It commences by examining typical features of public authorities, including their statutory and public dimensions, so as to allow a definition of the subject matter. It then considers the tests that the courts have implemented to determine whether they can accept jurisdiction to hear a case involving a public authority. Finally, the chapter turns to the application of the three-stage test for duty in cases of public authorities, paying special attention to the issue of policy reasons for excluding a duty of care.

22. Misuse of Private Information

This chapter examines the tort of misuse of private information. It explains that the tort has its origins in the equitable wrong of breach of confidence. It discusses the gist and elements of this tort and highlights the influence of Article 8 of the European Convention on Human Rights (ECHR) on the case law on misuse of private information. This chapter also discusses potential defences, which include consent to the disclosure and the differential treatment of private information in the public domain.

21. Defences and Remedies in Defamation

This chapter examines the defences that can be used in defamation cases and the available remedies for defendants. Principal defences include consent and assumption of risk, truth, innocent dissemination, offers of amends, honest opinion, absolute privilege, and qualified privilege. The available remedies for defamation claims are mainly damages and injunctions. This chapter incorporates discussion of the Defamation Act 1996 and the Defamation Act 2013 and analyses relevant court cases.

16. Product Liability

This chapter examines the provisions of tort law concerning product liability. It explains that a defendant can be held liable for a defective product that causes personal injuries or causes damage to property and that the liability for failure to take care in the manufacture of a product causing personal injury was established in the Donoghue v Stevenson case. It discusses the limitations of the tort of negligence and suggests that claimants should bring an action for a defective product under the Consumer Protection Act 1987 because it does not require proof of fault.

15. The General Economic Torts

This chapter explains the five general economic torts in England. These are inducing breach of contract, causing loss by unlawful means, lawful means conspiracy, unlawful means conspiracy, and intimidation. The chapter suggests that each of these five torts can be considered to be under the authority of the House Lords in light of recent decisions in OBG v Allan and Total Network v Revenue and Customs Commissioners. It also analyses court decisions in several relevant cases.