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Status:
Available5.0
40 reviews
ISBN 10: 0198840543
ISBN 13: 9780198840541
Author: CAROL BRENNAN
Tort Law Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides go above and beyond, not only consolidating your learning but focusing your revision and maximising your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases. Revision guides you can rely on: trusted by lecturers, loved by students...
1 Tort and the tort system: General overview
Assessment
1.1 What is tort?
1.2 Different torts for different types of harm
1.3 What types of loss or harm are covered?
1.4 Competing interests
1.5 Remedies
1.6 Comparing tort to other areas of law
1.7 Tort and contract
1.8 Tort and criminal law
1.9 Tort and human rights
1.10 The influence of insurance
1.11 The aims of the law of tort
1.12 Alternative routes to compensation
1.12.1 No fault liability
1.12.2 Social security
1.12.3 Charity
1.12.4 ‘First party insurance’
1.12.5 The Motor Insurers’ Bureau
1.12.6 Ex gratia or single issue compensation schemes
1.12.7 The Criminal Injuries Compensation Authority (CICA)
1.13 ‘A compensation culture’?
1.13.1 Compensation Act 2006
Key Debates
Exam Questions
Essay questions
Online Resources
List of Key Terms
2 Negligence: Duty of care
Assessment
2.1 Introduction to the tort of negligence
2.1.1 Question 1: the neighbour principle
2.2 Developments in the duty of care
2.2.1 Policy
2.2.2 The narrowing of duty/negligence
2.2.3 Question 2: duty to this claimant?
2.2.4 The striking out application
Key Cases
Key Debates
Exam Questions
Essay questions
Online Resources
List of Key Terms
3 Duty of care: Further issues
Assessment
3.1 Omissions
3.2 Liability for omissions
3.2.1 Relationships creating an assumption of responsibility
3.2.2 Existing relationship with wrongdoer involving control
3.2.3 Creation of or failure to remove a danger which may then be involved in actions by third parties
3.3 Public bodies as defendants
3.3.1 Duty of care and the police
‘Operational’ liability
Crime control
3.4 The unborn child as claimant
Key Cases
Key Debates
Exam Questions
Problem question
Essay question
Online Resources
List of Key Terms
4 Pure economic loss and negligent misstatement
Assessment
4.1 Introduction
4.2 Historical background
4.3 Anns and Murphy
4.4 Negligent misstatement
4.4.1 The special relationship
4.4.2 Duty of care as established by the Hedley Byrne v Heller ‘special relationship’
4.4.3 The Hedley Byrne duty
Defendant?
Reasonable reliance?
Context?
Silence and threats?
4.4.4 Causation
4.4.5 Indirect statements
4.4.6 Hedley Byrne refined
4.4.7 Two cases provide significant examples of the Caparo approach
4.4.8 Voluntary assumption of responsibility
4.4.9 Recent developments in liability for negligent misstatements
4.4.10 Negligent misstatements relied on by a third party
4.5 Disclaimers
Key Cases
Key Debates
Exam Questions
Problem question
Essay question
Online Resources
List of Key Terms
5 Psychiatric injury
Assessment
5.1 Introduction
5.2 Controlling factors
5.2.1 The requirement for a medically diagnosed psychiatric condition
5.2.2 A sudden event or its immediate aftermath
5.2.3 Primary and secondary victims
5.2.4 The developing case law
The ‘thin skull’ rule
5.2.5 The principles of liability emerge
5.2.6 ‘Rescuers’
5.2.7 ‘Unique’ factual situations
5.2.8 Primary or secondary victim?
5.2.9 Employment
5.2.10 The future?
Key Cases
Key Debates
Exam Questions
Problem question
Essay question
Online Resources
List of Key Terms
6 Breach of duty: The standard of care
Assessment
6.1 Key features and principles
6.1.1 Stage 1. Setting the standard of care: ‘the reasonable person’
Knowledge
Exceptions to the objective standard
Children
Illness
Skill
Experience
Special standards
Sports
Professional skills
Best practice
6.1.2 Stage 2. Applying the standard of care: a ‘balancing’ exercise
What would the reasonable person have done?
The Compensation Act 2006
6.2 How is breach established?
6.2.1 Res ipsa loquitur (‘the thing speaks for itself’)
What is the effect of imposing res ipsa?
Key Cases
Key Debates
Exam Questions
Problem questions
Online Resources
List of Key Terms
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