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Table of Contents
Part I : General principles
I. The meaning of negligence
1. Negligence as a state of minde
2. Negligence as careless conduct
3. Negligence as the breach of a duy to take care
II. The duty to take care
1. Concept of a duty of care
2. The duty of care
A. The dawn of a duty of care and criteria for testing its existence
B. Decisions
3. The "neighbour" principle and its boundaries
A. The kind of wrongful act, causing harm
B. The kind of harm
C. The kind of person
4. Parties
A. The crown
B. Post office and telecommunication
C. Foreign sovereigns or other heads of state, ambassadors, public officials and visiting armed forces' personnel
D. The European economic community
E. Corporations and unincorporated associations
F. Husband and wife
G. Minors
H. Prisoners and bankrupts
I. Persons suffering from mental disorders
J. Assignees
K. Personal Representatives
L. Joint Plaintiffs
M. Joint and several tortfeasors
5. Vicarious liability
A. Employees
B. Agents
C. Children
D. Independent contractors
III. Principal defences and discharges from liability
1. Contributory negligence
2. Agreement to run the risk: "volenti non fit injuria"
3. Inevitable accident
4. Limitation of action
A. General principles
B. Personal injury litigation
C. Latent damage in cases other than personal injury
D. Miscellaneous limitation periods
5. Other defences
IV. Damages
1. Remoteness of damage
2. Damages generally
3. Heads of damages and their assessment
A. General and specific damages
B. Damage to chattels, land and buildings
C. Damages for personal injuries
V. Proof of actionable negligence
1. Proof: generally
2. Proof: res ipsa loquitur
Part II : Standard of care
VI. The standard of care
VII. Dangerous premises
1. The premises
2. The occupier
3. The visitor
4. The duty owed
5. Liability of non-occupiers
6. Liability of vendors, lessors, builders and local authorities
A. At common law
B. Statute
7. Liability to trespassers
A. The common law prior to 1984
B. The Occurpiers' Liability Act 1984
8. Liability to persons on adjoining premesis
VIII. Persons professing some special skill
1. Actions against skilled persons generally
2. Accountants and auditors
3. Architects, quantity surveyors, structural and other engineers, building contractors
4. Auctioneers
5. Bankers and finance companies
6. Barristers
7. Dentists
8. Medical practitioners
9. Hospitals
10. Insurance agents and brokers
11. Nurses
12. Quasi-arbitrators
13. Schools and schoolteachers
14. Solicitors
15. Stockbrokers
16. Valuers, estate agents and surveyors
17. Veterinary surgeons and practitioners
IX. Highways and transport
1. Dangers on or adjoining the highway
A. Dangers on the highway
B. Dangers adjoining the highway
C. Miscellaneous dangers
2. Duty of carriers
A. Railways
B. Road carriage
C. Ships
D. Aircraft
E. Hovercraft
3. Highway users and collisions
X. Employment at common law
1. Common law duty of employer
2. Liability between fellow employees
3. Liability of employee to employer
Part III : Statutory duty
XI. Liability for breach of statutory duty
1. Classes of breach of statutory duty
2. When an action may be brought
3. Statutory duty and carelessness
4. Burden of proof of a breach of statutory duty
5. Defences to action for breach of statutory duty
6. Examples of statutory duty
The framework directive
The Management of Health and Safety at Work Regulations 1999
The Workplace (Health, Safety and Welfare) Regulations 1992
The Construction (Health, Safety and Welfare) Regulations 1996
The Provision and Use of Work Equipment Regulations 1998
The Lifting Operations and Lifting Regulations 1998
The Control of Substances Hazardous to Health Regulations
The Personal Protective Equipment at Work Regulations
The Manual Handling Operations Regulations 1992
Part IV : Absolute or Strict Liability
XII. Dangerous things: Rylands v. Fletcher
1. Principles of liability
A. Who is liable for the escape of the dangerous thing?
B. Who may sue?
2. Defences
A. Act of god
B. Default of the plainteff
C. Consent of the plaintiff
D. Independent act of third party
E. Statutory authority
3. Water
4. Fire
5. Gas
6. Electricity
7. Explosives
8. Firearms
9. Poison
10. Nuclear installations
11. Aircraft and spacecraft
XIII. Animals
1. Strict liability for damage done by animals generally
2. Strict liability for injury caused to livestock by dogs
3. Strict liability for damage done by straying livestock
4. Liability for animals straying on to highways
5. Wider liabilities at common law
XIV. Products liability
1. Consumer protection
2. General principles of liability A. Under the Consumer Protection Act 1987: part I "product liability"
B. Under the Consumer Protection Act 1987: part II "consumer safety"
C. Under the law of contract
D. Under the law of negligence
Part V : Death
XV. Death and causes of action
1. The common law
2. The accrual of a cause of action
A. The fatal accident acts
B. Other acts
3. The survival of a cause of action
Part VI : Miscellaneous matters
XVI. Insurance and other compensation schemes
1. The motor insurers' bureau
2. The criminal injuries compensation scheme
Index
I. The meaning of negligence
1. Negligence as a state of minde
2. Negligence as careless conduct
3. Negligence as the breach of a duy to take care
II. The duty to take care
1. Concept of a duty of care
2. The duty of care
A. The dawn of a duty of care and criteria for testing its existence
B. Decisions
3. The "neighbour" principle and its boundaries
A. The kind of wrongful act, causing harm
B. The kind of harm
C. The kind of person
4. Parties
A. The crown
B. Post office and telecommunication
C. Foreign sovereigns or other heads of state, ambassadors, public officials and visiting armed forces' personnel
D. The European economic community
E. Corporations and unincorporated associations
F. Husband and wife
G. Minors
H. Prisoners and bankrupts
I. Persons suffering from mental disorders
J. Assignees
K. Personal Representatives
L. Joint Plaintiffs
M. Joint and several tortfeasors
5. Vicarious liability
A. Employees
B. Agents
C. Children
D. Independent contractors
III. Principal defences and discharges from liability
1. Contributory negligence
2. Agreement to run the risk: "volenti non fit injuria"
3. Inevitable accident
4. Limitation of action
A. General principles
B. Personal injury litigation
C. Latent damage in cases other than personal injury
D. Miscellaneous limitation periods
5. Other defences
IV. Damages
1. Remoteness of damage
2. Damages generally
3. Heads of damages and their assessment
A. General and specific damages
B. Damage to chattels, land and buildings
C. Damages for personal injuries
V. Proof of actionable negligence
1. Proof: generally
2. Proof: res ipsa loquitur
Part II : Standard of care
VI. The standard of care
VII. Dangerous premises
1. The premises
2. The occupier
3. The visitor
4. The duty owed
5. Liability of non-occupiers
6. Liability of vendors, lessors, builders and local authorities
A. At common law
B. Statute
7. Liability to trespassers
A. The common law prior to 1984
B. The Occurpiers' Liability Act 1984
8. Liability to persons on adjoining premesis
VIII. Persons professing some special skill
1. Actions against skilled persons generally
2. Accountants and auditors
3. Architects, quantity surveyors, structural and other engineers, building contractors
4. Auctioneers
5. Bankers and finance companies
6. Barristers
7. Dentists
8. Medical practitioners
9. Hospitals
10. Insurance agents and brokers
11. Nurses
12. Quasi-arbitrators
13. Schools and schoolteachers
14. Solicitors
15. Stockbrokers
16. Valuers, estate agents and surveyors
17. Veterinary surgeons and practitioners
IX. Highways and transport
1. Dangers on or adjoining the highway
A. Dangers on the highway
B. Dangers adjoining the highway
C. Miscellaneous dangers
2. Duty of carriers
A. Railways
B. Road carriage
C. Ships
D. Aircraft
E. Hovercraft
3. Highway users and collisions
X. Employment at common law
1. Common law duty of employer
2. Liability between fellow employees
3. Liability of employee to employer
Part III : Statutory duty
XI. Liability for breach of statutory duty
1. Classes of breach of statutory duty
2. When an action may be brought
3. Statutory duty and carelessness
4. Burden of proof of a breach of statutory duty
5. Defences to action for breach of statutory duty
6. Examples of statutory duty
The framework directive
The Management of Health and Safety at Work Regulations 1999
The Workplace (Health, Safety and Welfare) Regulations 1992
The Construction (Health, Safety and Welfare) Regulations 1996
The Provision and Use of Work Equipment Regulations 1998
The Lifting Operations and Lifting Regulations 1998
The Control of Substances Hazardous to Health Regulations
The Personal Protective Equipment at Work Regulations
The Manual Handling Operations Regulations 1992
Part IV : Absolute or Strict Liability
XII. Dangerous things: Rylands v. Fletcher
1. Principles of liability
A. Who is liable for the escape of the dangerous thing?
B. Who may sue?
2. Defences
A. Act of god
B. Default of the plainteff
C. Consent of the plaintiff
D. Independent act of third party
E. Statutory authority
3. Water
4. Fire
5. Gas
6. Electricity
7. Explosives
8. Firearms
9. Poison
10. Nuclear installations
11. Aircraft and spacecraft
XIII. Animals
1. Strict liability for damage done by animals generally
2. Strict liability for injury caused to livestock by dogs
3. Strict liability for damage done by straying livestock
4. Liability for animals straying on to highways
5. Wider liabilities at common law
XIV. Products liability
1. Consumer protection
2. General principles of liability A. Under the Consumer Protection Act 1987: part I "product liability"
B. Under the Consumer Protection Act 1987: part II "consumer safety"
C. Under the law of contract
D. Under the law of negligence
Part V : Death
XV. Death and causes of action
1. The common law
2. The accrual of a cause of action
A. The fatal accident acts
B. Other acts
3. The survival of a cause of action
Part VI : Miscellaneous matters
XVI. Insurance and other compensation schemes
1. The motor insurers' bureau
2. The criminal injuries compensation scheme
Index