Third Party Liability in Tort
Hart Publishing (Verlag)
978-1-84113-552-6 (ISBN)
Non-vicarious liability for the acts of third parties is distinguishable from the traditional doctrine of vicarious liability insofar as it relates to a form of primary liability predicated upon the personal fault of the defendant. More conveniently termed 'third party liability', it is a novel category of tortious liability that has evolved from a collection of disparate and isolated judicial decisions setting out, on an entirely ad hoc basis, individualised exceptions to the entrenched common law rules against liability for omissions and liability for the acts of others. As a result of the improvised nature of its development, the current law on third party liability is unstructured, unprincipled and incoherent. The specific purpose of this book is to seek out the foundational principles governing the various existing instances of third party liability, with a view to identifying a coherent legal basis upon which such liability can develop in the future.
Dr Claire McIvor is a Lecturer in Law at the University of Birmingham.
Introduction (i) The Normative Purpose of Tort Law (ii) Identifying a Place within the Tort System for a Regime of Third Party Liability (iii) The Organisation of the Chapters Omissions I. CLARIFICATION OF THE CURRENT RULES ON OMISSIONS (i) Distinction Between Misfeasance And Nonfeasance (ii) Specifying the Terms of the Claim (iii) Clarifying the Duty of Care II. PURPOSE AND UTILITY OF THE NON-LIABILITY RULE FOR OMISSIONS The Dorset Yacht Principles of Third Party Liability and the Exceptional Position of Parents I. THE DORSET YACHT PRINCIPLES OF THIRD PARTY LIABILITY II. THE LIABILITY OF PARENTS IN RESPECT OF THEIR CHILDREN (i) The Liability of Parents to their Own Children for Harm Committed by Others (ii) The Liability of Parents for Harm Committed by their Children upon Others III. CONCLUSION Third Party Liability of Property Owners I. THIRD PARTY PROPERTY LIABILITY IN NUISANCE (i) General Principles (ii) The Nuisance Cases II. THIRD PARTY PROPERTY LIABILITY IN NEGLIGENCE (i) General Principles (ii) The Negligence Cases III. CONCLUSION Third Party Liability in Respect of the Intoxicated I. THE COMMONWEALTH POSITION (i) Canada (ii) Australia II. THE POSITION IN ENGLISH LAW III. CONCLUSION Third Party Liability in Sport I. THIRD PARTY LIABILITY ACTIONS AGAINST REFEREES II. THIRD PARTY LIABILITY ACTIONS AGAINST SPORTS GOVERNING BODIES III. CONCLUSION Third Party Liability Actions Involving Public Authority Defendants I. LIABILITY UNDER THE HUMAN RIGHTS ACT 1998 II. LIABILITY IN NEGLIGENCE (i) The Case Law (ii) The Significance of the Direct Liability/Vicarious Liability Distinction from a Third Party Liability Perspective (iii) The Decisions in the Abuse Cases (iv) The Decisions in the Education Cases III. THE SIGNIFICANCE OF THE X LITIGATION FROM A THIRD PARTY LIABILITY PERSPECTIVE (i) Police Authorities (ii) Prison Authorities (iii) Health Authorities (iv) Education Authorities IV. CONCLUSION Liability for the Acts of Others: A French Perspective I. THIRD PARTY LIABILITY OF PUBLIC AUTHORITIES IN FRANCE (i) Third Party Liability in Respect of Harm Caused by Prisoners (ii) Third Party Liability in Respect of Harm Caused by Mentally Impaired Patients in State Care II. THIRD PARTY LIABILITY OF PRIVATE LAW DEFENDANTS IN FRANCE (i) The Liability of Parents for the Acts of their Children based on Article 1384, paragraph 4 (ii) Liability for the Acts of Others based on Article 1384, paragraph 1 III. CONCLUSION
| Erscheint lt. Verlag | 5.7.2006 |
|---|---|
| Verlagsort | Oxford |
| Sprache | englisch |
| Maße | 156 x 234 mm |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Besonderes Schuldrecht | |
| ISBN-10 | 1-84113-552-6 / 1841135526 |
| ISBN-13 | 978-1-84113-552-6 / 9781841135526 |
| Zustand | Neuware |
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