Third Party Liability in Tort
Autor Claire McIvoren Limba Engleză Hardback – 4 iul 2006
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Specificații
ISBN-13: 9781841135526
ISBN-10: 1841135526
Pagini: 196
Dimensiuni: 156 x 234 x 15 mm
Greutate: 0.45 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: 0.45 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
Caracteristici
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.
Notă biografică
Dr Claire McIvor is a Lecturer in Law at the University of Birmingham.
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 OmissionsI. 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 ParentsI. 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 SPORTSGOVERNING 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 1III. 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.
Descriere
This book seeks out the foundational principles governing the various existing instances of third party liability.