Description
Book SynopsisNew to Hart Publishing, this is the seventh edition of the classic casebook on tort, the first of its kind in the UK, and for many years now a bestselling and very popular text for students. This new edition retains all the features that have made it such a popular and respected text, with extensive commentary, questions and notes supplementing the selection of cases and statutes which form the core of the book. Taking a broadly contextual approach, the book addresses all the main topics in tort law, is up-to-date, doctrinally sound, stimulating and highly readable.
Trade ReviewReview of the previous edition: An extremely accessible, useful and impressive collection of cases and materials. -- unknown * Student Law Journal *
Review of the previous edition: The extracts are expertly chosen and provide the necessary information without being too brief. The text, whilst being accessible, is also thought-provoking with a number of excellent questions posed at the end of extracts allowing the reader to consider an issue's wider implications. -- unknown * Student Law Journal *
Review of the previous edition: I have no hesitation in recommending Hepple & Matthews' Tort: Cases and Materials to anyone interested in or studying this intriguing area of law. Its advantages are two-fold: it is written in an extremely accessible and clear way and, at the same time, encourages the reader to undertake independent research and thought. -- unknown * Student Law Journal *
Table of ContentsContents
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
