{"title":"16. The Rule in Rylands v. Fletcher","authors":"S. Deakin, Zoe Adams","doi":"10.1093/he/9780198747963.003.0016","DOIUrl":"https://doi.org/10.1093/he/9780198747963.003.0016","url":null,"abstract":"This chapter examines the rule in Rylands v. Fletcher, a rule which remains controversial to this day. The rule states that anyone who, in the course of a ‘non-natural’ use of his land ‘accumulates’ thereon for his own purposes anything likely to do mischief if it escapes, is answerable for all direct damage thereby caused. It discusses the requirements for liability, the various controlling mechanisms used to limit the scope of the rule; what and whose interests are protected by it; and the relationship between Rylands v. Fletcher and private nuisance. The chapter also explores the important questions that the rule in Rylands v. Fletcher raises about the nature, and future, of strict liability in the law of tort in general.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"16 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":"121643612","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":"23. Defences","authors":"S. Deakin, Zoe Adams","doi":"10.1093/he/9780198747963.003.0023","DOIUrl":"https://doi.org/10.1093/he/9780198747963.003.0023","url":null,"abstract":"This chapter begins with a brief discussion of the role of defences in the law of torts. It then considers their application to torts which require proof of damage in order to be actionable, and in particular with the tort of negligence. The discussions cover contributory negligence; consent; exclusion and limitation of liability; illegality; necessity; inevitable accident; authorisation; and limitation of action. The chapter takes into account recent statutory developments including the effects of the Consumer Rights Act 2015 on the law governing exclusion and limitation of liability. It also examines the extensive Supreme Court case law reexamining the defence of illegality.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124530758","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":"14. Deceit","authors":"Simon Deakin, Zoe Adams","doi":"10.1093/he/9780198747963.003.0014","DOIUrl":"https://doi.org/10.1093/he/9780198747963.003.0014","url":null,"abstract":"This chapter discusses the tort of deceit. The common-law rules concerning liability for dishonesty were synthesised to create the tort of deceit at the end of the eighteenth century in Pasley v. Freeman, and the tort takes its modern form from the decision of the House of Lords in Derry v. Peek in 1889. Most of the cases concern non-physical damage, that is to say, financial or pure economic loss, although the tort can also extend to cover personal injuries and damage to property. The requirements of liability are as follows: the defendant must make a false statement of existing fact with knowledge of its falsity and with the intention that the claimant should act on it, with the result (4) that the claimant acts on it to his detriment.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126491099","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":"12. Trespass to Land","authors":"S. Deakin, Zoe Adams","doi":"10.1093/he/9780198747963.003.0012","DOIUrl":"https://doi.org/10.1093/he/9780198747963.003.0012","url":null,"abstract":"This chapter discusses trespass to land and defences. Trespass can be committed in various ways, provided that the interference is direct and immediate. The boundary between trespass and other torts, particularly nuisance, is sometimes difficult to draw. Entry on to land is simply the most obvious example of trespass, but other examples include: placing things on land or inducing animals to enter. The Limitation Act 1623, section 5 provides that if the defendant pleads disclaimer of title to the land and if ‘the trespass was by negligence or involuntary’ and he makes a tender of sufficient amends, action against him shall be barred. The claimant’s consent is always a defence to an action in trespass, in the sense that it constitutes ‘leave and licence’.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122609251","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":"1. Introduction","authors":"S. Deakin, Zoe Adams","doi":"10.1093/he/9780198747963.003.0001","DOIUrl":"https://doi.org/10.1093/he/9780198747963.003.0001","url":null,"abstract":"This introductory chapter first reviews the current state of the law of tort. It discusses the increase in tort claims due to our greater ability to cause more and greater harm and our reduced willingness to put up with the normal vicissitudes of life. It considers the law of individual responsibility. It suggests that tort law is becoming by the day a more complex set of rules than it ever was, where national law mixes with legal ideas emanating from foreign jurisdictions. Tort law rules are also becoming intermingled with those from other branches of English law. The second part of the chapter discusses the relationship between tort and contract.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"367 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120966265","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":"24. Damages","authors":"Simon Deakin, Zoe Adams","doi":"10.1093/he/9780198747963.003.0024","DOIUrl":"https://doi.org/10.1093/he/9780198747963.003.0024","url":null,"abstract":"This chapter is the first of two chapters concerned with remedies. The focus of this chapter is monetary remedies; the financial consequences of a proven tort. It begins by discussing the notion of damage, and damages, before exploring different types of damages; the principle of full compensation; the interrelationship of tort and other compensation systems; pecuniary and non-pecuniary losses; death in relation to tort; and damage to property.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124915357","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":"13. Nuisance","authors":"S. Deakin, Zoe Adams","doi":"10.1093/he/9780198747963.003.0013","DOIUrl":"https://doi.org/10.1093/he/9780198747963.003.0013","url":null,"abstract":"Private nuisance is defined as any substantial and unreasonable interference with the claimant’s land, or with his rights to peaceful enjoyment of that land and any right that exists in connection with it. It need not result from ‘direct’ or ‘intentional’ interference; it is sufficient that the defendant have ‘adopted or continued’ a state of affairs that constitutes an unreasonable interference. This chapter discusses the basis of liability in private nuisance; the concept of unreasonable interference and the difference between this concept and the notion of ‘reasonableness’ in negligence; who can sue and who can be sued; defences; and remedies. It also discusses, in outline, public nuisance; the relationship between nuisance and other forms of liability; and nuisance and protection of the environment.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131714082","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}
Fba Simon Deakin, A. Johnston, Fba Sir Basil Markesinis Qc
{"title":"25. Other Remedies and Multiple Liabilities","authors":"Fba Simon Deakin, A. Johnston, Fba Sir Basil Markesinis Qc","doi":"10.1093/HE/9780198747963.003.0025","DOIUrl":"https://doi.org/10.1093/HE/9780198747963.003.0025","url":null,"abstract":"This chapter discusses continues from the preliminary discussion of remedies in chapter 24, to discuss the following: injunctions, damages in lieu of an injunction, and joint and concurrent liability. An action for damages lies after a tort has been committed. An injunction is sought to prevent the continuance of a tort or in anticipation of a threatened tort. It is an order commanding the discontinuance of some activity or forbidding the causing of damage. Where a court could issue an injunction, but decides against doing so, it may award damages in lieu. This power was originally conferred by section 2 of the Chancery Amendment Act 1858 (Lord Cairns’ Act) and has been continued by later legislation. The chapter discusses when it might be appropriate for a court to make an award of damages in lieu of an injunction, particularly in light of recent case law in the context of the law of nuisance. The issue of joint and concurrent liability is also of interest, and should be understood against the back-drop of the discussion about causation in chapter five.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114770150","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}
Fba Simon Deakin, A. Johnston, Fba Sir Basil Markesinis Qc
{"title":"4. Liability for Fault: Breach","authors":"Fba Simon Deakin, A. Johnston, Fba Sir Basil Markesinis Qc","doi":"10.1093/he/9780198747963.003.0004","DOIUrl":"https://doi.org/10.1093/he/9780198747963.003.0004","url":null,"abstract":"This chapter examines the principal element of the cause of action in negligence, namely breach of duty. The issue of breach of duty is concerned with whether the defendant was careless, in the sense of failing to conform to the standard of care applicable to him. The discussions cover the concept of breach of duty; the objective standard; professional and regulatory standards; updating of standards in the light of new information; the role of cost-benefit analysis and the ‘Learned Hand’ test; weighing the risk and gravity of harm against the cost of prevention; and proof of carelessness, including discussion of the res ipsa loquitur principle.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116339549","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}
Fba Simon Deakin, A. Johnston, Fba Sir Basil Markesinis Qc
{"title":"7. Breach of Statutory Duty","authors":"Fba Simon Deakin, A. Johnston, Fba Sir Basil Markesinis Qc","doi":"10.1093/he/9780198747963.003.0007","DOIUrl":"https://doi.org/10.1093/he/9780198747963.003.0007","url":null,"abstract":"This chapter begins by considering the nature of the action for breach of statutory duty. The action for breach of statutory duty enables the claimant to recover compensation for losses brought about by the defendant’s failure to comply with a statutory obligation. Increasing areas of commercial and business activity are regulated by legislation designed to protect the health and safety of employees, consumers, and road-users; regulation may also have the aim of protecting certain property and financial interests. The second part of the chapter discusses the components of a liability covering the availability of a civil remedy; the scope of the civil remedy; causation, remoteness, and defences; and liability for breach of obligations arising under EU law.","PeriodicalId":282195,"journal":{"name":"Markesinis & Deakin's Tort Law","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126127499","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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