Related Papers
tort
C P PRINCIPLES OF TORT LAW Fourth Edition
Randan S A D I Q Halfan
Tort law Subject Guide
Cyrus A Faizi
SHISA ROBERT STRICT LIABILITY NOTES
SHISA ROBERT STRICT LIABILITY NOTES
strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.
Legal Studies
A 'new' head of damages: damages for mental distress in the English law of torts
2000 •
Paula Giliker
This article examines the ability of the claimant to recover damages for mental distress in the English law of torts. This is an area of law which has received little attention and indeed, the general impression is frequently that such damages are not recoverable. This article seeks to establish that this is far from the case and that damages are frequently awarded for mental distress even if they are not always openly recognised. Most lawyers are familiar with the award of damages for ‘suffering’ within the action for personal injury, but damages for distress are awarded generally, particularly as aggravated damages, as recognised by the Law Commission in 1997. It will be argued that much will be gained by appreciating the true nature of these damages and the policy factors which determine when the claimant will be granted such an award. Whilst there is no evidence to support a right to claim such damages in their own right, there is sufficient authority for a separate head of dama...
Nolan and Robertson (eds), Rights and Private Law
'A Tort Against Land': Private Nuisance as a Property Tort
2011 •
Donal Nolan
The thesis of this chapter is that private nuisance can only properly be understood as a tort which protects rights in land, and that, understood in this way, it is a thoroughly coherent cause of action. I begin by introducing this 'property tort analysis' of private nuisance and by providing a definition of the tort. The bulk of the chapter is then devoted to showing that the central doctrines of private nuisance law are consistent with the property tort analysis. In the remainder of the chapter, I look at the relationship between private nuisance and trespass to land, identify some sources of confusion which have served to obscure the underlying coherence of private nuisance and consider the implications of the property tort analysis for the traditional distinction between property and obligations. I finish off by making some more general observations about the value of a rights-based analysis of private law. Keywords: private nuisance, rights in land, property law, law of obligations, trespass to land.
Law Quarterly Review
The Distinctiveness of Rylands v Fletcher
2005 •
Donal Nolan
The primary purpose of this article is to challenge the proposition that the rule in Rylands v Fletcher is best regarded as an offshoot of the tort of private nuisance, being an extension of that cause of action to isolated escapes. This offshoot theory was endorsed by the House of Lords in Transco Plc v Stockport MBC [2003] UKHL 61, [2003] 3 WLR 1467, and can now be described as the new orthodoxy. It is argued, however, that the offshoot theory should be rejected, since (1) analysis of the Rylands v Fletcher case provides little support for the theory; (2) there are well-established distinctions between the rule in Rylands v Fletcher and private nuisance; (3) merger with the rule will be bad for nuisance; and (4) the version of the strict liability rule to which the offshoot theory has given rise is unappealing. By way of contrast to the offshoot theory, the distinctiveness of the rule in Rylands v Fletcher is asserted. Consideration is also given to Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520, where the High Court of Australia held that the rule in Rylands v Fletcher should be treated as having been absorbed by the principles of ordinary negligence, as well as to the desirability of a strict liability rule independent of nuisance. Keywords: tort law, Rylands v Fletcher, strict liability, private nuisance, negligence.
Distinguish between Law of Tort Criminal Law and Contract Law
Paola Ghiciu
Useful Information for Assignments and Exams
LAW OF TORTS Distinguish Between Law of Tort, Criminal Law and Contract Act
Gowtham santos
PRINCIPLES OF BUSINESS LAW
Juliana Juma
Modern Law Review
New Forms of Damage in Negligence
2007 •
Donal Nolan
Although damage is an essential component of negligence liability, important extensions of the categories of actionable damage occur with little or no analysis or even acknowledgement of the fact. In this article, consideration is given to a number of new forms of actionable damage which appear either to have received recognition by the courts in recent years, or to be close to receiving such recognition. The article is divided into three core sections, dealing with negligent imprisonment, wrongful conception and educational negligence. The principal conclusions are that redress for negligent imprisonment is best achieved through recognition of imprisonment as actionable damage in negligence; that an unwanted pregnancy is a form of personal injury, albeit an unusual one; that the conventional sum award in wrongful conception cases is best analysed as compensation for a diminution in the parents' autonomy; and that while untreated learning disorders are now treated by the courts as a form of personal injury, in the absence of such a disorder educational under-development ought not to be recognised as actionable damage in its own right. Keywords: negligence, damage, personal injury, negligent imprisonment, wrongful conception, educational negligence.
