Hepple and Matthews' Tort Law

David Howarth, Fellow of Clare College and Professor of Law and Public Policy, University of Cambridge. Martin Matthews, Emeritus Fellow of University College, Oxford. Jonathan Morgan, Fellow of Corpus Christi College and Senior Lecturer in Law, University of Cambridge. Janet O’Sullivan, Fellow of Selwyn College and Senior Lecturer in Law, University of Cambridge. Stelios Tofaris, Fellow of Girton College and Lecturer in Law, University of Cambridge. Consultant Editor: Sir Bob Hepple KC LLD FBA, former Master of Clare College and Emeritus Professor of Law, University of Cambridge.

Contents
Introduction 1
PART ONE: Principles and policy of negligence
1. An action for damages in perspective
1 The Bradford football fire
2 Points for discussion
3 Civil Justice Reforms and Funding of Civil Actions
2. The duty of care
1 General Principles
2 Pure Omissions
3 Proximity and Failure to Prevent Harm
3. Duty of care: special problems
1 Liability of Public Authorities
2 Psychiatric Harm
3 Wrongful Conception, Wrongful Birth, and the Unborn Child
4. Pure economic loss
1 The Origins of the Rule against the Recovery of Negligently Caused Economic Loss
2 What Is Pure Economic Loss?
3 The Hedley Byrne Exception
4 The Basis and Development of the Hedley Byrne Exception
5 The Measure of Damages under Hedley Byrne: The ‘Scope’ of the Duty
5. Breach of duty
1 The Reasonable Person
2 Application of the Standard of Care
3 Aids in Discharging the Burden of Proof
6. Causation and Remoteness of Damage
1 Factual Causation
2 Selection among Operative Factual Causes
3 Foreseeability of the Kind of Damage
4 Development of The Wagon Mound Doctrine
7. Defences : contributory negligence , volenti non fit injuria , exclusion of liability, and
illegality and public policy
1 Contributory Negligence
2 Volenti non fit injuria
3 Exclusion of Liability
4 Illegality and Public Policy
8. Assessment of damages
1 The Aims of an Award of Damages
2 Personal Injuries
3 Property Damage
PART TWO: SPECIFIC DU TIES AND INTERESTS
9. LIABILITY FOR DEFECTIVE PREMISES
1 Occupiers’ Liability
2 Non-occupiers’ Liability for Premises
10. Product Liability
1 Negligence
2 Statutory Liability
11. Liability for animals
12. Breach of Statutory Duty
1 Express Creation of New Torts
2 Express Exclusion of Civil Remedy
3 Creation of New Torts by Judicial Interpretation of Statutes
4 The Scope of Protection
5 The ‘Eurotort’
6 A Note on Health and Safety Legislation
13. Intentional Interference with the Person
1 Trespass, Intention, and Negligence
2 Assault and Battery
3 False Imprisonment
4 The ‘Tort in Wilkinson v Downton’ and Harassment
5 Defences
14. Interference with Land
1 Trespass to Land
2 Public Nuisance
3 Private Nuisance
4 Escape of Dangerous Things from Land
5 Fire
15. Intentional economic torts
1 Conspiracy
2 Inducing Breach of Contract
3 Causing Loss by Unlawful Means—the ‘Unlawful Means Tort’
4 The Tort of Deceit
16. Interests in Reputation —Defamation
1 Defamation and Freedom of Expression
2 Who Can Sue? 975
3 Words or Matter Defamatory of the Claimant
4 The Distinction between Defamation and Malicious Falsehoods
5 Publication
6 Defences
7 Remedies
8 The Distinction between Libel and Slander
17. Invasion of Privacy
PART THREE: Loss Distribution
18. Vicarious Liability
1 Justification for Vicarious Liability
2 Relationship of Employer and Employee
3 Relationships beyond Employment
4 Connection between the Relationship of the Tortfeasor and the Defendant and the Act of the Tortfeasor
5 Liability for Independent Contractors
6 Employer’s Liability to Employees
19. Joint Liability
1 Joint Tortfeasance
2 Contribution between Tortfeasors
20. Insurance and Compensation
1 The Relationship between Insurance and Tort Liability
2 Compulsory Insurance Provisions
3 Motor Insurers’ Bureau
4 The Settlement Process
5 Other Compensation Systems
6 The Future of Compensation
Further Reading