A Modern View of the Law of Torts - 1st Edition - ISBN: 9780080116402, 9781483156385

A Modern View of the Law of Torts

1st Edition

The Commonwealth and International Library: Pergamon Modern Legal Outlines Division

Authors: J. S. Colyer
Editors: W. A. J. Farndale
eBook ISBN: 9781483156385
Imprint: Pergamon
Published Date: 1st January 1966
Page Count: 254
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Description

A Modern View of the Law of Torts provides the important aspects of the law of torts, which is an area of law that covers the majority of all civil lawsuits. This book begins with a description of the civil rights of an individual who is wronged by another person, followed by a particular attention to the remedies that are available to people who are wronged by any of the standard torts. Chapters of this book are devoted to specific torts, such as negligence, defamation, and trespass. Specifically, the law of negligence has been fully dealt with, as more and more of the problems of the law of torts are being solved by the courts with reference to the developing principles of the law of negligence. This publication provides an interesting approach to the study of torts, which is equally useful to students and the lay person.

Table of Contents


Editorial Foreword

Author's Foreword

Law Reports—Abbreviations and Explanation

Part I. Introduction

§1. What is a Tort

§2. Singular or Plural

Part 2. Parties to the Action

§3. Who may Sue

1. General Rule

2. Exceptional Cases

3. Death of Plaintiff

4. Fatal Accidents Acts

§4. Who may be Sued

1. Procedural Immunities

2. The Crown

3. Infants

4. Corporations

5. Husband and Wife

6. Trade Unions, Unincorporated Associations

7. Partnerships, etc

§5. Liability for Another Person's Acts

1. Authorization

2. Vicarious Liability

3. Liability for Acts of Independent Contractors

§6. Parents and Children

§7. Joint Tortfeasors

1. Who are Joint Tortfeasors

2. Consequences to the Plaintiff

3. The Consequences for the Defendant: Right to Contribution

Part 3. General Principles of Liability

§8. Classification of the Plaintiff's Interest

§9. Classification of the Defendant's Conduct: Fault

1. The Defendant's Mental Attitude

2. Fault

3. Evidentiary Considerations

4. Classification

§10. Intentional Conduct

§11. Negligence

1. Introduction

2. Components—Duty, Breach, Damage

3. Duty: Reasonable Foresight

4. Examples

5. Breach: Standard of Care

6. Damage

§12. Motive: Malice

Part 4. General Defenses to Actions in Tort

§13. Definition

(a) Genuine General Defenses

(b) Not Genuine General Defenses

§14. Voluntary Assumption of Risk, Contract, Consent

§15. Contributory Negligence

1. Generally

2. The Statute

3. Rescues

§16. Necessity

§17. Wartime Military Necessity: Act of State

§18. Defense of Person or Property

§19. Statutory Authority: Absolute and Conditional

§20. Ex turpi causa

§21. Exercise of a Legal Right

§22. Legal Processes

§23. Inevitable Accident

§24. Mistake: Insanity

§25. The Rule in Smith v. Selwyn

Part 5. Remedies

§26. Self-Help

§27. Judicial Remedies: General

§28. Damages

1. Their Purpose is Compensatory

2. Damages for Continuing and Non-continuing Torts

3. Ordinary Damages

4. Effect of Benefits for Plaintiff Resulting from Tort

5. Aggravated Damages

6. Exemplary Damages

7. Remoteness of Damage

8. Plaintiff's Duty to Mitigate Damages

§29. Specific Restitution

§30. Injunction

§31. Declaration

Part 6. Extinction of Remedies

§32. Death

1. Death of Plaintiff

2. Death of Defendant

§33. Limitation

§34. Prescription

§35. Waiver, Release, Accord and Satisfaction

§36. Judgment: Satisfaction

Part 7.

§37. A Table of the Law of Torts

Part 8. Torts Protecting the Person of the Plaintiff

§38. Battery. Assault

1. Definition and Scope

2. Special Defenses

§39. Intentional Infliction of Physical Harm

§40. Trespass to the Person

§41. Negligence (i.e. as a Tort)

1. Generally

2. Special Duty Relationships or Situations

3. Breach

4. Damage

§42. Actions for Breach of Statutory Duty

§43. Occupiers' Liability (Liability of Occupiers of Premises)

1. Introduction

2. Who is an Occupier for this Purpose

3. What are "Premises"? Current Operations

4. Who Can Sue the Occupier? Lawful Visitors

5. The Common Duty of Care

6. Special Defenses, Especially Conditional License to Enter and Contract

7. Trespassers

8. Ramblers

§44. Public Nuisance

Defenses

§45. The Scienter Action and Liability for Animals

1. Scienter

2. Dogs

3. Animals and Negligence

Part 9. Torts Protecting the Plaintiff's Freedom of Movement

§46. False Imprisonment

1. The "Imprisonment"

2. Lawful Justification

Part 10. Torts Protecting the Reputation of the Plaintiff

§47. Libel and Slander

1. Defamatory Publication

2. Libel and Slander Distinguished

3. The Defendant's Conduct and Mental Attitude

4. Reference to Plaintiff

5. Innuendo

6. Special Defenses

7. Damages

Part 11. Torts Protecting the Plaintiff's Family Interests

§48. Enticement: Harboring: Adultery: Actions for Loss of Consortium and Loss of Services

1. Enticement

2. Harboring

3. Special Defenses in Enticement and Harboring

4. Adultery

5. Action for Loss of Consortium

6. Action for Loss of Services

§49. Seduction

Part 12. Torts Protecting the Plaintiff's Interest in His Goods

§50. Trespass to Goods

Special Defense: jus tertii

§51. Detinue

Special Defenses

§52. Conversion

1. Who Can Sue

2. Definition and Mental Elements in this Tort

3. Examples of Conversions

4. Conversion by Receiving

5. Damages

6. Jus tertii, Market Rvert, etc

§53. Negligence

1. Generally

2. Bailment

3. Damage to Reversionary Interests

§54. Common Carriers and Innkeepers

§55. A Comparison of the Various Actions which Protect the Plaintiff's Interest in his Goods

Part 13. Torts Protecting the Plaintiff's Pecuniary Interests Other than in Respect of Injuries to His Land or Goods

§56. Fraud (Deceit)

1. Generally

2. The Five Elements of Fraud

3. Special Defense: Lord Tenterden's Act

§57. Malicious Falsehood (including Slander of Goods and Title)

1. Malicious Falsehood

2. Slander of Goods and Slander of Title

3. Special Defense: Absolute Privilege

4. Remedies

§58. Passing Off

Remedies

§59. Interference with Contractual Relationships

1. Essentials of the Tort

2. Special Defenses

§60. Intimidation

1. The Tort Itself

2. Special Defenses

§61. Conspiracy

1. Two Types

2. Special Defenses

Part 14. Torts Protecting the Plaintiff's La

§62. Trespass to Land

1. Who Can Sue

2. What is a Trespass to Land

3. Trespass ab initio

4. Remedies

5. Special Defenses

§63. Nuisance (i.e. Private Nuisance)

1. Definition

2. "An Interference with the Plaintiff's Use or Enjoyment of His Land"

3. "Or with Some Legal Interest of the Plaintiff in Land"

4. "Which Has Been Caused Indirectly by the Defendant"

5. "Which is Continuous or Repetitive"

6. General Defenses in Nuisance

7. Special Defense: jus tertii

§64. Rylands v. Fletcher

1. Scope of this Tort

2. Defenses

§65. Rules Governing Liability for Fire

§66. Cattle Trespass

§67. A Comparison of the Protection Afforded to the Plaintiff by the Torts Discussed in Part 14

Table Comparing the Scope of the Various Torts which Protect the Plaintiff's Interest in Land

Part 15. Torts Protecting the Plaintiff's Incorporeal Property

§68. What is "Incorporeal Property"

§69. Nuisance (in Respect of Incorporeal Property)

1. Licenses

2. Easements

Part 16. Torts Protecting the Plaintiff's Interest in the Proper Conduct of Legal Proceedings

§70. Malicious Prosecution

§71. Maintenance and Champerty

1. Maintenance

2. Special Defenses to Maintenance: Common Interest and Charity

3. Champerty

§72. Defaulting Witnesses

Special Defenses

Part 17. Oddments and Postscript

§73. Ubi jus ibi remedium

§74. Failure by Common Carriers and Innkeepers to Serve the Plaintiff

§75 Postscript

Index and Table of Cases and Statutes Referred To

Details

No. of pages:
254
Language:
English
Copyright:
© Pergamon 1966
Published:
Imprint:
Pergamon
eBook ISBN:
9781483156385

About the Author

J. S. Colyer

About the Editor

W. A. J. Farndale