Tort Law ReviewPub Date : 2019-06-26DOI: 10.4324/9781315149097-2
T. Hughes-Davies, Nathan Tamblyn
{"title":"Negligence: Duty of Care","authors":"T. Hughes-Davies, Nathan Tamblyn","doi":"10.4324/9781315149097-2","DOIUrl":"https://doi.org/10.4324/9781315149097-2","url":null,"abstract":"","PeriodicalId":53781,"journal":{"name":"Tort Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76465128","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}
Tort Law ReviewPub Date : 2015-07-01DOI: 10.1093/HE/9780198718499.003.0012
Kirsty Horsey, E. Rackley
{"title":"12. Product liability","authors":"Kirsty Horsey, E. Rackley","doi":"10.1093/HE/9780198718499.003.0012","DOIUrl":"https://doi.org/10.1093/HE/9780198718499.003.0012","url":null,"abstract":"This chapter discusses the ways in which liability for defective products is regulated in tort law and which is primarily regulated by statute. The chapter considers manufacturers’ liability in negligence and the problems claimants may encounter when trying to sue. This leads to a later development relating to product liability—the Consumer Protection Act (CPA) 1987—enacted to ensure better protection of consumers from defective goods by making producers strictly liable for harms caused by the products they market. However, a claimant may still claim in negligence due to the statutory limitations in relation to certain types of claim.","PeriodicalId":53781,"journal":{"name":"Tort Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2015-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77833670","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}
Tort Law ReviewPub Date : 2015-07-01DOI: 10.1093/HE/9780198718499.003.0010
Kirsty Horsey, E. Rackley
{"title":"10. Defences to negligence","authors":"Kirsty Horsey, E. Rackley","doi":"10.1093/HE/9780198718499.003.0010","DOIUrl":"https://doi.org/10.1093/HE/9780198718499.003.0010","url":null,"abstract":"This chapter discusses three key defences in the tort of negligence: voluntary assumption of risk (consent or volenti non fit injuria), contributory negligence and illegality. The defence of voluntary assumption of risk is based on the common-sense notion that ‘one who has invited or assented to an act being done towards him cannot, when he suffers it, complain of it as a wrong’. The defence of illegality denies recovery to certain claimants injured while committing unlawful activities. Contributory negligence is a defence that operates not to defeat the claimant’s claim entirely but rather to reduce the amount of damages the defendant must pay.","PeriodicalId":53781,"journal":{"name":"Tort Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2015-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76274256","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}
Tort Law ReviewPub Date : 2015-07-01DOI: 10.1093/HE/9780198718499.003.0013
Kirsty Horsey, E. Rackley
{"title":"13. Employers’ liability","authors":"Kirsty Horsey, E. Rackley","doi":"10.1093/HE/9780198718499.003.0013","DOIUrl":"https://doi.org/10.1093/HE/9780198718499.003.0013","url":null,"abstract":"This chapter discusses employers’ liability and, in particular, the non-delegable duty of care, which employers owe to their employees to ensure that they are reasonably safe when at work. The duty ensures that an employer remains responsible for key tasks even when their obligations have been delegated to another. The duty of care is typically said to have four components (building on Lord Wright’s statement in Wilsons & Clyde Coal Co Ltd [1938]) comprising the provision of: a competent workforce; adequate material and equipment; a safe system of working (including effective supervision); and a safe workplace.","PeriodicalId":53781,"journal":{"name":"Tort Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2015-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77805424","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}
Tort Law ReviewPub Date : 2015-07-01DOI: 10.1093/he/9780198718499.003.0019
Kirsty Horsey, E. Rackley
{"title":"19. Actions under the rule of Rylands v Fletcher","authors":"Kirsty Horsey, E. Rackley","doi":"10.1093/he/9780198718499.003.0019","DOIUrl":"https://doi.org/10.1093/he/9780198718499.003.0019","url":null,"abstract":"This chapter examines the rule from Rylands v Fletcher [1868]. The rule holds that where there has been an escape of a dangerous thing in the course of a non-natural use of land, the occupier of that land is liable for the damage to another caused as a result of the escape, irrespective of fault. The rule today is best understood through a trilogy of cases: Rylands v Fletcher, Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] and Transco v Stockport Metropolitan Borough Council [2004]. The development of the rule has led to an increased overlap with ideas from nuisance and negligence.","PeriodicalId":53781,"journal":{"name":"Tort Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2015-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72570954","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}
Tort Law ReviewPub Date : 2015-07-01DOI: 10.1093/HE/9780198718499.003.0020
Kirsty Horsey, E. Rackley
{"title":"20. Vicarious liability","authors":"Kirsty Horsey, E. Rackley","doi":"10.1093/HE/9780198718499.003.0020","DOIUrl":"https://doi.org/10.1093/HE/9780198718499.003.0020","url":null,"abstract":"This chapter examines the principle of vicarious liability, a form of secondary liability through which employers may, in certain circumstances, be liable for the torts of their employees, even though the employer themselves may be entirely blameless. The imposition of vicarious liability is one of the most important exceptions to the general approach of the common law whereby liability for any wrongdoing is imposed on, and only on, the wrongdoer(s). A defendant will not be vicariously liable unless the following conditions are met: (a) there is an employer–employee relationship between the defendant and the person for whose actions they are being held liable; (b) the employee committed the tortious act while acting in the course of their employment.","PeriodicalId":53781,"journal":{"name":"Tort Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2015-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90899170","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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