Key Cases: Tort Law

CHRIS TURNER LLM is a qualified barrister and a Senior Lecturer in Law at Wolverhampton University. He is an experienced author whose other titles include Key Facts: Tort Law and Unlocking Tort Law, both published by Hodder Arnold. He is also series editor for Key Facts and Unlocking the Law. JACQUELINE MARTIN LLM has ten years' experience as a practising barrister and is an experienced author. She is also series editor for Key Facts and Unlocking the Law.

Chapter 1 The nature of tortious liability
1.1 General principles of liability
1.2 Human rights and tort
Chapter 2 Negligence
2.1 Duty of care
2.2 Breach of the duty of care
2.2.1 The standard of care and the 'reasonable man' test
2.2.2 Principles in determining the standard of care
2.2.3 The standard of care owed by professionals
2.3 Causation and remoteness of damage
2.3.1 Causation in fact
2.3.2 Novus actus interveniens
2.3.3 Remoteness of damage
2.4 Nervous shock
2.5 Pure economic loss
2.6 Negligent misstatement
2.6.1 The origins of liability
2.6.2 The criteria for imposing liability
2.6.3 The current state of the law
2.6.4 Cases inconsistent with the general principle
2.7 Omissions
Chapter 3 Occupiers’ liability
3.1 Liability to lawful visitors under the 1957 Act
3.1.1 Definition of occupier
3.1.2 Liability to children
3.1.3 Liability to persons entering under a trade or calling
3.1.4 Liability for the torts of independent contractors
3.1.5 Avoiding liability
3.2 Liability to trespassers under the 1984 Act
3.2.1 Common law and the duty of common humanity
3.2.2 When the Act applies
3.2.3 Avoiding the duty
Chapter 4 Nuisance
4.1 Private nuisance
4.1.1 Potential claimants in nuisance
4.1.2 The ingredients of the tort
4.1.3 Potential defendants in nuisance
4.1.4 Defences
4.1.5 Remedies
4.2 Public nuisance
Chapter 5 Strict liability
5.1 Rylands v Fletcher
5.1.1 Definition, purpose and character of the rule
5.1.2 The ingredients of the rule
5.1.3 The parties to an action
5.1.4 Recoverable loss and remoteness of damage
5.1.5 Possible defences
5.2 Liability for animals
5.2.1 Common law torts
5.2.2 The Animals Act 1971: dangerous species
5.2.3 The Animals Act 1971: non-dangerous species
5.2.4 The Animals Act 1971: defences
Chapter 6 Trespass to land
6.1 Potential claimants
6.2 Actions amounting to a trespass
6.3 The definition of 'land' in trespass
6.4 Trespass ab initio
6.5 Defences
Chapter 7 Torts concerning goods
7.1 Trespass to goods
7.1.1 Trespass to goods
7.1.2 Conversion
7.2 Product liability
7.2.1 Common law liability for defective products in tort
7.2.2 The Consumer Protection Act 1987
Chapter 8 Trespass to the person
8.1. Assault
8.1.1 Definition
8.1.2 Ingredients of the tort
8.2 Battery
8.2.1 Definitions
8.2.2 Ingredients of the tort
8.2.3 Defences to assault and battery
8.3 False imprisonment
8.3.1 Definition and ingredients of the tort
8.3.2 Defences
8.4 Intentional direct harm
Chapter 9 Torts affecting reputation
9.1 Defamation
9.1.1 The categories of defamation
9.1.2. The essential elements of the tort
9.1.3 Defences
9.2 Malicious falsehood and deceit
9.2.1 Deceit
9.2.2 Malicious falsehood
Chapter 10 Employment-related torts
10.1 Vicarious liability
10.1.1 Tests of employment status
10.1.2 Tort occurring in the course of employment
10.1.3 Liability for the crimes of employees
10.1.4 The employer’s indemnity
10.1.5 Vicarious liability of lenders of cars
10.2 Employer’s liability
10.2.1 The employers’ non-delegable duty
10.2.2 Developments in the common law duty
10.2.3 Defences
10.3 Breach of a stat