Hepple and Matthews' Tort Cases and Materials

by Matthews, Martin; O'Cinneide, Colm; Morgan, Jonathan; Hepple QC, FBA, Bob; Howarth MP, David

• ISBN13: 9780199203840
• ISBN10: 0199203849
• Edition: 6th
• Format: Paperback
• Copyright: 2009-04-25
• Publisher: Oxford University Press, USA

Summary

The sixth edition of this classic casebook retains all the features that have made it such a popular and respected text. Emphasizing the interests served by the law of tort and taking a contextual approach, the book combines an authoritative selection of cases and materials with stimulatingcommentary.

Author Biography

Martin Matthews is a Tutorial Fellow and University Lecturer at Oxford University and also a Fellow of University College, Oxford. He is Consultant Editor of Beatson, Matthews, & Elliott's Administrative Law: Text & Materials 3e (OUP 2005). He is a former Fellow of Emmanuel College, Cambridge (1970-73) and Visiting Professor at the University of Santa Clara Law School (1983).
Colm O'Cinneide joined the UCL Faculty of Laws in 2001. He previously worked as Legal Officer to Lord Lester of Herne Hill QC (1999-2001), providing legal advice to parliamentarians, NGOs and the media on domestic and international human rights law, discrimination law and public policy. He has lectured in constitutional law at the University of Limerick, Ireland (1998-1999), and is a member of the Irish Bar. He is also a member of the European Committee of Social Experts, Council of Europe; co-editor of Current Legal Problems; Age Equality Co-ordinator for EU Expert Group on Mapping Anti-Discrimination Law in Areas Outside of Employment and Occupation; and a UK rapporteur, EU Network of Anti-Discrimination Experts.
Jonathan Morgan is currently Lecturer in Law at Cambridge University. He is also completing a Ph.D. at Cambridge, entitled "a critique of freedom of contract". He is a former Lecturer in English and EC law at the University of Warsaw, Poland (1998-2000) and has been a visiting tutor at a number of other Polish universities, and in Prague, Sofia and Ljubljana. He was also a full-time college lecturer in law at Magdalen College, Oxford (2000-2002). Consultant Editor details Sir Bob Hepple is Emeritus Master of Clare College and Emeritus Professor of Law at the University of Cambridge. David Howarth is Reader in Private Law and Fellow of Clare College at the University of Cambridge.

Table of Contents

Principles and policy of negligence
An action for damages in perspective
The duty of care
Duty of care: special problems
Pure economic loss
Breach of duty
Causation and remoteness of damage
Defences: contributory negligence, volenti non fit injuria, exclusion of liability and illegality and public policy
Assessment of damages
Specific and interests
Liability for defective premiss
Liability for damage caused by things
Liability for animals
Non-intentional statutory torts
Intentional interference with the person
Interference with land
Deliberate interference with interests in trade or business
Interests in reputation - defamation
Invasion of privacy
Loss distribution
Vicarious liability
Joint libaility
Insurance and compensation
Acknowledgments	p. xi
Table of cases	p. xiii
Table of statutes	p. xxxv
Table of abbreviations	p. xliii
Introduction	p. 1
Principles and Policy of Negligence
An action for damages in perspective	p. 11
The Bradford football fire	p. 11
Points for discussion	p. 16
Civil Justice Reforms and funding of civil actions	p. 27
The duty of care	p. 29
General principles	p. 30
Pure omissions	p. 66
Proximity and failure to prevent harm	p. 70
Duty of care: special problems	p. 88
Liability of public authorities	p. 88
Psychiatric harm	p. 117
Wrongful conception, wrongful birth, and the unborn child	p. 149
Pure economic loss	p. 165
The origins of the rule against the recovery of negligently caused economic loss	p. 170
What is pure economic loss?	p. 175
The Hedley Byrne exception	p. 207
The basis and development of the Hedley Byrne exception	p. 217
The measure of damages under Hedley Byrne: the `scope' of the duty	p. 271
Fatal accidents-an example of recovering pure economic loss under statute	p. 279
Breach of duty	p. 291
The reasonable person	p. 294
Application of the standard of care	p. 313
Aids in discharging the burden of proof	p. 336
Causation and remoteness of damage	p. 343
Factual causation	p. 344
Selection among operative factual causes	p. 386
Foreseeability of the kind of damage	p. 406
Development of The Wagon Mound doctrine	p. 412
Defences: contributory negligence, volenti non fit injuria, exclusion of liability, and illegality and public policy	p. 423
Contributory negligence	p. 425
Volenti non fit injuria	p. 446
Exclusion of liability	p. 462
Illegality and public policy	p. 465
Assessment of damages	p. 484
The aims of an award of damages	p. 484
Personal injuries	p. 510
Property damage	p. 560
Specific Duties and Interests
Liability for defective premises	p. 563
Occupiers' liability	p. 563
Non-occupiers' liability for premises	p. 597
Liability for damage caused by things	p. 610
Negligence	p. 611
Statutory liability	p. 629
Liability for animals	p. 652
Non-intentional statutory torts	p. 665
Express creation of new torts	p. 666
Express exclusion of civil remedy	p. 669
Creation of new torts by judicial interpretation of statutes	p. 670
The scope of protection	p. 705
The `Eurotort'	p. 709
Health and safety legislation: a note on the `European Revolution'	p. 713
Intentional interference with the person	p. 716
Trespass, intention, and negligence	p. 717
Assault and battery	p. 726
False imprisonment	p. 732
Wrongful interference	p. 743
Defences	p. 751
Interference with land	p. 777
Trespass to land	p. 778
Nuisance	p. 785
Escape of dangerous things from land	p. 828
Fire	p. 855
Deliberate interference with interests in trade or business	p. 861
Conspiracy	p. 865
Inducing breach of contract	p. 891
Causing loss by unlawful means-`two party' and `third party' interference with economic loss by unlawful means	p. 917
Passing-off and other forms of unlawful competition	p. 934
The tort of deceit	p. 939
Interests in reputation-defamation	p. 953
Who can sue? Who can be sued?	p. 954
Words or matter defamatory of the claimant	p. 960
The distinction between defamation and malicious falsehoods	p. 976
Publication	p. 979
Defences	p. 984
Remedies	p. 1013
The distinction between libel and slander	p. 1027
Invasion of privacy	p. 1030
Loss Distribution
Vicarious liability	p. 1053
Attribution of liability to organisations	p. 1055
Vicarious liability for employees	p. 1059
Liability for delegated tasks	p. 1067
The course of employment	p. 1075
Liability for independent contractors	p. 1095
Employer's liability to employees	p. 1101
Joint liability	p. 1108
Effect of release of joint tortfeasor	p. 1110
Effects of settlement on concurrent tortfeasors	p. 1112
A single award	p. 1121
Contribution between tortfeasors	p. 1122
Insurance and compensation	p. 1135
The relationship between insurance and tort liability	p. 1137
Compulsory insurance provisions	p. 1142
Motor Insurers' Bureau	p. 1150
The settlement process	p. 1152
Other compensation systems	p. 1156
The future of compensation	p. 1166
Further reading	p. 1171
Appendix	p. 1173
Index	p. 1179
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