{"title":"18. Employer’s Liability","authors":"S. Deakin, Zoe Adams","doi":"10.1093/he/9780198747963.003.0018","DOIUrl":"https://doi.org/10.1093/he/9780198747963.003.0018","url":null,"abstract":"The liability of an employer to an employee has two aspects. There is liability to employees for harm suffered by them, and liability for harm caused by them in the course of their employment (vicarious liability, covered in chapter 19). Both represent forms of stricter liability. This chapter discusses the negligence law liability of employers, liabilities arising from statutory duties, and related aspects of social security law. It analyses the concept of the non-delegable duty in the employment context. It also discusses the implications for employer’s liability of reforms made to the law of breach of statutory duty in the Enterprise and Regulatory Reform Act 2013.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125441966","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"10. Malicious Prosecution","authors":"S. Deakin, Zoe Adams","doi":"10.1093/he/9780198747963.003.0010","DOIUrl":"https://doi.org/10.1093/he/9780198747963.003.0010","url":null,"abstract":"This chapter considers the ingredients of successful action for malicious prosecution. The claimant must show: that the defendant prosecuted him; that the prosecution ended in the defendant’s favour; that there was no reasonable and probable cause for the prosecution; and that the defendant was actuated by ‘malice’. It covers not merely criminal prosecutions but certain forms of abuse of civil process, for example tort claims alleging deceit or malice. Damage also in all cases is a necessary ingredient. The tort, while ancient, is still being actively litigated, and the chapter analyses a number of recent cases in the higher appellate courts.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"11 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130280037","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"2. Some Advice for the Novice Tort Lawyer","authors":"S. Deakin, Zoe Adams","doi":"10.1093/he/9780198747963.003.0002","DOIUrl":"https://doi.org/10.1093/he/9780198747963.003.0002","url":null,"abstract":"This chapter discusses issues that readers must bear in mind when encountering criticism of individual rules, decisions, and academic opinions in the remainder of the book. These are: how judicial mentality and outlook affects decision-making; academic interests and practitioners’ concerns; ivory tower neatness v. the untidiness of the real world; tort’s struggle to solve modern problems with old tools; need to reform tort law; whether liability rules are restricted because the damages rules have been left unreformed or because the relationship between liability and damages has been neglected; that tort law is, in practice, often inaccessible to the ordinary victim; and that human rights law is set to influence tort law, but this influence is likely to be gradual and indirect.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123192776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"9. Intentional Interference","authors":"S. Deakin, Zoe Adams","doi":"10.1093/he/9780198747963.003.0009","DOIUrl":"https://doi.org/10.1093/he/9780198747963.003.0009","url":null,"abstract":"This chapter begins with a discussion of the meaning of intentional interference. It then considers assault, battery, false imprisonment, and residuary trespass and harassment. Intentional physical interference with the person may occur by way of an act that threatens violence (assault), amounts to unlawful contact (battery), or constitutes the deprivation of liberty (false imprisonment). There is, in addition, a residuary and uncertain form of liability for the intentional infliction of physical harm, known as the rule in Wilkinson v. Downton. These torts are normally actionable without proof of damage and they also involve a sharp distinction being drawn between an act and an omission: the latter will not normally suffice to ground liability.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125547040","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"6. Liability of Occupiers and Builders","authors":"S. Deakin, Zoe Adams","doi":"10.1093/he/9780198747963.003.0006","DOIUrl":"https://doi.org/10.1093/he/9780198747963.003.0006","url":null,"abstract":"Occupier’s liability is, essentially, part of the law of negligence, although it takes statutory form. Its present form is, moreover, the product of various successive legislative accretions. As such, prime importance must be attached to the wording of the statutes, assisted wherever necessary by reference to the preparatory publications of the Law Commission. This chapter will discuss the Occupiers’ Liability Act of 1957, which deals with the liability of Occupiers towards persons (‘visitors’) permitted to be on the Occupier’s land; the Occupiers’ Liability Act of 1984, that deals with the liability of Occupiers towards trespassers; and the liability of non-occupiers, such as vendors, landlords, and builders. It will also explore the relationship between the statutory regime, and the common law of negligence.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"113 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121511955","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"19. Vicarious Liability and Non-Delegable Duties","authors":"S. Deakin, Zoe Adams","doi":"10.1093/he/9780198747963.003.0019","DOIUrl":"https://doi.org/10.1093/he/9780198747963.003.0019","url":null,"abstract":"Vicarious liability is liability imposed on an employer to a third party for the tort of his employee committed in the course of employment. Vicarious liability is another instance of stricter liability in the sense that the employer who is not at fault is made responsible for the employee’s default. It thereby gives the injured party compensation from the person who is better able to pay and spread the cost of the injury, namely the employer. Anyone who wishes to hold an employer vicariously liable must prove: that the wrongdoer was his employee, or that the relationship between them was ‘akin’ to employment; that he committed a tort; and that he committed it in the course of his employment. This chapter discusses each of this in turn. It also considers contribution between employer and employee; liability for the torts of independent contractors; the expanding categories of non-delegable duties; and the changing contours of employer’s liability.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"451 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129447039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"20. Product Liability","authors":"S. Deakin, Zoe Adams","doi":"10.1093/he/9780198747963.003.0020","DOIUrl":"https://doi.org/10.1093/he/9780198747963.003.0020","url":null,"abstract":"This chapter begins by tracing the evolution of product liability law in England and America. It then discusses the causes of action and components of liability. Liability evolved from an initial position in which the law of negligence played a minor role in compensating victims of dangerously defective products, thanks largely to the ‘privity of contract fallacy’. Donoghue v. Stevenson put an end to this and ushered in the modern, all-embracing duty of care as far as physical injury and property damage are concerned. With the adoption of Directive 85/374/EEC and its subsequent implementation in the form of the Consumer Protection Act 1987, a form of strict or ‘stricter’ liability based on the American model was incorporated into English law.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125276388","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"17. Liability for Animals","authors":"S. Deakin, Zoe Adams","doi":"10.1093/he/9780198747963.003.0017","DOIUrl":"https://doi.org/10.1093/he/9780198747963.003.0017","url":null,"abstract":"Liability for Animals raises further questions about the role, and future, of strict liability in the context of the law of tort. This chapter examines the special rules of strict liability under the Animals Act 1971, including those concerning liability for straying livestock, liability for ‘dangerous animals’, and liability for dogs. This is followed by discussions of defences, remoteness of damage and strict liability, and liability for dogs. The wording of the Animals Act 1971 is notoriously complex, and the law in this area is, for this reason, the object of must frustration for courts, and tort law students, alike. Even so, the law governing liability of animals concerns matters of social concern and, for the time-being at least, it seems that the Act is here to stay.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133831189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"15. The Economic Torts","authors":"S. Deakin, Zoe Adams","doi":"10.1093/he/9780198747963.003.0015","DOIUrl":"https://doi.org/10.1093/he/9780198747963.003.0015","url":null,"abstract":"Economic torts seek to protect a person in relation to his trade, business, or livelihood. However, he will only be protected from certain kinds of interference, principally those inflicted intentionally or deliberately. Nor will an intention to harm suffice, on its own, to ground liability. There are three broad sub-categories of liability: those torts based on the defendant’s wrongful interference with the claimant’s pre-existing legal rights (inducing breach of contract and inducing breach of statutory duty, in particular); the tort of interference with trade or business by unlawful means; and the tort of conspiracy. This chapter considers each of these in turn followed by an outline of the statutory immunities in relation to trade disputes.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125237514","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"11. Interference with Chattels","authors":"S. Deakin, Zoe Adams","doi":"10.1093/he/9780198747963.003.0011","DOIUrl":"https://doi.org/10.1093/he/9780198747963.003.0011","url":null,"abstract":"This chapter discusses trespass to goods, conversion, and negligence. The present law of trespass to chattels is governed by the Torts (Interference with Goods) Act 1977, which introduces a collective term ‘wrongful interference with goods’ to cover trespass, conversion, negligence, and any other tort resulting in damage to goods or to an interest in goods. The Act abolishes the tort of detinue, but otherwise has little or no impact on the principles of liability developed by the common law: thus, the nomenclature and substantive scope of the common law claims remain significant to this day in understanding the legal rules in this area.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133294285","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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