Third Party Liability in Tort
Autor Claire McIvoren Limba Engleză Hardback – 5 iul 2006
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Specificații
ISBN-13: 9781841135526
ISBN-10: 1841135526
Pagini: 196
Dimensiuni: 156 x 234 x 15 mm
Greutate: 0.46 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
ISBN-10: 1841135526
Pagini: 196
Dimensiuni: 156 x 234 x 15 mm
Greutate: 0.46 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
Cuprins
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
(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
Recenzii
...this book is a useful addition to the library of any academic or practitioner interested in this area.
.the book displays a sure grasp of the cases and the literature, and immediately becomes an essential reference in respect of its subject matter.
.the book displays a sure grasp of the cases and the literature, and immediately becomes an essential reference in respect of its subject matter.