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www.ebook3000.com All statute books are not the same Only Blackstone’s Statutes have a tradition of trust and quality built on a rock-solid reputation for accuracy, reliability, and authority ‘Blackstone’s Statutes have been essential for my exam success they’re clear, well-structured and comprehensive, allowing easy referencing while studying and therefore peace of mind in exams.’ ✓ thoroughly peer reviewed ✓ content based on detailed market Yubing Zhu, Student, University of Cambridge ✓ edited by subject specialists employing decades of experience and judgement ✓ 91% of students who have used Blackstone’s Statutes would recommend them* Blackstone’s Statutes are the original and best Setting the standard by which other statute books are measured Emily Davis, Student, Brunel Law School Buy yours from your campus bookshop, online, or direct from OUP Core subjects £14.99 Optional subjects £16.99 Access further statute-related online materials and resources here: www.oxfordtextbooks.co.uk/orc/statutes/ Blackstone’s Statutes have been trusted in over a million exams—why take a chance on anything else? www.oxfordtextbooks.co.uk/statutes * Survey of over 100 students feedback from law courses ‘Easy to use and great to have as a study aid, I would definitely not have achieved the marks I wanted without Blackstone’s Statute books.’ This page intentionally left blank www.ebook3000.com Casebook on Torts Twelfth Edition Richard Kidner MA, BCL Emeritus Professor of Law, Aberystwyth University Great Clarendon Street, Oxford OX2 6DP United Kingdom Oxford University Press is a department of the University of Oxford It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © Richard Kidner 2012 The moral rights of the author have been asserted Ninth edition published 2006, Tenth edition published 2008, Eleventh edition published 2010 Impression: All rights reserved No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer Contains public sector information licensed under the Open Government Licence v1.0 (http://www.nationalarchives.gov.uk/doc/open-government-licence/ open-government-licence.htm) Crown Copyright material reproduced with the permission of the Controller, HMSO (under the terms of the Click Use licence) British Library Cataloguing in Publication Data Data available Library of Congress Cataloguing in Publication Data Data available ISBN 978–0–19–964481–0 Printed in Great Britain by Ashford Colour Press Ltd, Gosport, Hampshire Links to third party websites are provided by Oxford in good faith and for information only Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work www.ebook3000.com O U T L I N E C O N T E N TS Introduction Negligence: The Basic Principles of Duty of Care 10 Breach of Duty: The Standard of Care 35 Causation and Remoteness of Damage 57 Special Duty Problems: Omissions 85 Special Duty Problems: Liability of Public Bodies 89 Special Duty Problems: Psychiatric Injury 107 Special Duty Problems: Statements, Services and Economic Loss 121 Special Duty Problems: Acts and Economic Loss 146 10 Special Duty Problems: Contract and Duty of Care 156 11 Special Duty Problems: Defective Structures 168 12 Special Duty Problems: Unborn Children, Wrongful Life and Wrongful Birth 176 13 Defences to Negligence 183 14 Damages for Death and Personal Injuries 203 15 Vicarious Liability 216 16 Breach of Statutory Duty 237 17 Product Liability 243 18 Occupiers’ Liability 259 19 Nuisance 284 20 Trespass to the Person 323 21 Trespass to Land 339 22 Defamation 347 23 Privacy and the Intentional Infliction of Distress 398 This page intentionally left blank www.ebook3000.com D E TA I L ED C O NT E N TS Preface New to this Edition Acknowledgements Table of Cases Table of Statutes Table of Statutory Instruments Table of Foreign Legislation Table of Treaties and Conventions Table of European Secondary Legislation xi xii xiii xiv xxviii xxxi xxxi xxxii xxxii Introduction SECTION 1: Examples of Torts SECTION 2: The Aims of The Law of Torts SECTION 3: Studying Torts Negligence: The Basic Principles of Duty of Care SECTION 1: Proximity 11 SECTION 2: The Unforeseeable Claimant 19 SECTION 3: Policy Factors—‘Fair and Reasonable’ 24 Breach of Duty: The Standard of Care SECTION 1: The Reasonable Man—The Level of Reasonable Risk 36 SECTION 2: The Skill of the Defendant 40 SECTION 3: Other Relevant Factors in the Standard of Care Owed 50 SECTION 4: A Statutory Version 56 Causation and Remoteness of Damage 57 SECTION 1: Causation 57 SECTION 2: Remoteness of Damage 71 Special Duty Problems: Omissions 10 35 85 viii Detailed Contents Special Duty Problems: Liability of Public Bodies SECTION 1: The Common Law SECTION 2: The Effect of The Human Rights Act 1998 Special Duty Problems: Psychiatric Injury SECTION 1: The Primary Victim 107 SECTION 2: The Secondary Victim 111 Special Duty Problems: Statements, Services and Economic Loss 89 90 101 107 121 SECTION 1: By Whom a Duty Is Owed 122 SECTION 2: To Whom the Duty Is Owed 128 SECTION 3: Liability to Third Parties 136 SECTION 4: The Effect of a Clause Disclaiming Responsibility 143 Special Duty Problems: Acts and Economic Loss 146 10 Special Duty Problems: Contract and Duty of Care 156 SECTION 1: Concurrent Liability 157 SECTION 2: Liability to Third Parties 159 11 Special Duty Problems: Defective Structures 168 12 Special Duty Problems: Unborn Children, Wrongful Life and Wrongful Birth 176 SECTION 1: Injuries to Unborn Children 176 SECTION 2: Wrongful Life 179 SECTION 3: Wrongful Birth 180 13 Defences to Negligence SECTION 1: Contributory Negligence 183 SECTION 2: Consent 191 www.ebook3000.com 183 Detailed Contents ix SECTION 3: Exclusion Clauses and Notices 196 SECTION 4: Participating in an Unlawful Act 198 14 Damages for Death and Personal Injuries SECTION 1: Types of Action for Damages 203 SECTION 2: Calculation of Loss of Earnings 208 SECTION 3: Intangible Losses 214 15 Vicarious Liability 216 SECTION 1: Who Is an Employee? 217 SECTION 2: Liability of the Employee 222 SECTION 3: The Course of Employment 225 SECTION 4: Liability for Independent Contractors 235 16 Breach of Statutory Duty 237 17 Product Liability 243 SECTION 1: Liability for Negligence 243 SECTION 2: Strict Liability 246 18 Occupiers’ Liability SECTION 1: Occupiers’ Liability and Negligence 261 SECTION 2: Who Is an Occupier? 264 SECTION 3: Who Is a Visitor? 267 SECTION 4: The Duty Owed to Visitors 269 SECTION 5: The Duty Owed to Trespassers and Other Non-Visitors 272 SECTION 6: Exclusion of Liability 281 19 Nuisance SECTION 1: Public and Private Nuisance SECTION 2: Private Nuisance: The Interests Protected 287 SECTION 3: Reasonable User 294 SECTION 4: Who Is Liable? 295 SECTION 5: Remoteness of Damage 300 203 259 284 284 ... 176 SECTION 1: Injuries to Unborn Children 176 SECTION 2: Wrongful Life 179 SECTION 3: Wrongful Birth 180 13 Defences to Negligence SECTION 1: Contributory Negligence 183 SECTION 2: Consent 191... Privilege 376 SECTION 9: Damages 389 23 Privacy and the Intentional Infliction of Distress SECTION 1: The Intentional Infliction of Distress 398 SECTION 2: Privacy at Common Law 403 SECTION 3: The Human... since publication of the eleventh edition, including: • New case extracts: – on liability of public bodies: Desmond v The Chief Constable of Nottinghamshire – on economic loss: Conarken v Network
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