Street on TortsPub Date : 2018-09-01DOI: 10.1093/he/9780198811169.003.0006
C. Witting
{"title":"6. Breach of duty","authors":"C. Witting","doi":"10.1093/he/9780198811169.003.0006","DOIUrl":"https://doi.org/10.1093/he/9780198811169.003.0006","url":null,"abstract":"This chapter examines breach of duty in negligence. It discusses the factors that courts consider in determining whether defendants are in breach of their duties of care to claimants. In each case, these factors include the foreseeability of harm to the claimant, the appropriate standard of care owed by the defendant to the claimant, and the conduct of the defendant in comparison to the expected standard of care. This chapter suggests that the question of whether the defendant has breached a duty of care is a mixed one of law and fact and that the standard of care required of the defendant is an exclusively legal construct and based on the standard of a hypothetical reasonable person. The chapter considers also special issues involving proof of breach, most importantly in the application of the res ipsa loquitur doctrine.","PeriodicalId":282197,"journal":{"name":"Street on Torts","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124766168","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}
Street on TortsPub Date : 2018-09-01DOI: 10.1093/he/9780198811169.003.0004
C. Witting
{"title":"4. Duty of care III: property damage and purely financial loss","authors":"C. Witting","doi":"10.1093/he/9780198811169.003.0004","DOIUrl":"https://doi.org/10.1093/he/9780198811169.003.0004","url":null,"abstract":"This chapter is concerned with duties of care that arise when the claimant suffers either property damage or purely financial loss (that is, loss not attendant on physical damage or on any other primary interest recognised in negligence). Again, we find that duties of care are quite expansive with respect to property damage when the claimant owns or possesses the property in question. By contrast, duties of care are restricted with respect to purely financial losses. The most frequently upheld duties in the latter category cover negligent misstatements and the negligent provision of professional services, the scope of which is dictated by application of the Hedley Byrne v Heller framework or some variant of it.","PeriodicalId":282197,"journal":{"name":"Street on Torts","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115464632","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}
Street on TortsPub Date : 2018-09-01DOI: 10.1093/he/9780198700944.003.0012
C. Witting
{"title":"13. Defences to intentional torts against the person or property","authors":"C. Witting","doi":"10.1093/he/9780198700944.003.0012","DOIUrl":"https://doi.org/10.1093/he/9780198700944.003.0012","url":null,"abstract":"This chapter examines the types of defence that can be used to counter claims for intentional torts against property or person (although they might be applicable to other torts as well). It explains that defences to these torts can be placed within a threefold system. The first category consists of absent element defences (a successful plea means that the tort has not been committed), the second comprises justification defences (meaning that there was reason to commit the tort), and the third contains public policy defences (which means that the interests of the state intrude so as to deprive the claimant of an action).","PeriodicalId":282197,"journal":{"name":"Street on Torts","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132490621","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}
Street on TortsPub Date : 2018-09-01DOI: 10.1093/HE/9780198811169.003.0012
C. Witting
{"title":"12. Trespass to land","authors":"C. Witting","doi":"10.1093/HE/9780198811169.003.0012","DOIUrl":"https://doi.org/10.1093/HE/9780198811169.003.0012","url":null,"abstract":"This chapter examines the protection against interferences with land provided by tort law. Land in this context includes not only the surface of the land but areas above and below it as well as fixtures. The chapter explains that the action for trespass to land protects the interest of the claimant in having his land free from the unjustified physical intrusion of another, and thus protects (once again) possession rather than title as such. The chapter discusses the elements of trespass and describes the types of acts that constitute it. It considers also remedies available for defendants in trespass to land cases, which include injunctions, actions for the recovery of land, and damages.","PeriodicalId":282197,"journal":{"name":"Street on Torts","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129390844","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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