Buckley : the law of negligence and nuisance
著者
書誌事項
Buckley : the law of negligence and nuisance
（Butterworths common law series / series editor, Andrew Grubb）
Butterworths, LexisNexis, c2011
5th ed
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注記
Previous ed. published in 2005
Includes bibliographical references and index
内容説明・目次
内容説明
This popular book provides clear and accessible explanation and interpretation of the current law across the field of negligence. It aims to provide a fresh and critical exposition that, whilst comprehensive, gives particular emphasis to the contemporary scene. It draws upon recent cases and judicial pronouncements and includes references to case law from jurisdictions outside the UK. Professional negligence is covered in detail as it is a rapidly growing area of law.
The law of negligence touches on many areas of professional practice, and is increasingly complex and a growing area of business for solicitors. Consumers are successfully claiming large sums of compensation from healthcare providers, tobacco manufacturers, pharmaceutical companies and each other, all of whom are deemed to have caused harm through neglecting to take due care e.g. through causing accidents, causing or aggravating illnesses, or failing to properly test products or make consumers aware of risk.
Negligence is also a big topic for those dealing with medical and personal injury law, employment law, consumer law, licensing - and this thorough exposition of the subject is an essential addition to the library of any solicitor's firm.
The Law of Negligence was amalgamated with the Law of Nuisance in 2005 so combines commentary on the correlated laws of nuisance and negligence. It is designed to provide practitioners and academics with a clear and accessible explanation and interpretation of all significant judicial pronouncements and legislation across the field of negligence.
Development in negligence
Major House of Lords' (Now Supreme Court) decisions:
* Basic duty of care issues in Sutradhar v. National Environment Research Council and Customs and Excise Commissioners v. Barclays Bank
* In Barker v. Corus assessment of damages against multiple defendants in asbestosis cases (later reversed in part by the Compensation Act 2006)
* In Rothwell v. Chemical & Insulating Co the House controversially reversed a long line of decisions on the actionability of 'pleural plaques' in asbestos exposure cases (a decision subsequently reversed by legislation in Scotland but not in England)
Legislation
* Compensation Act 2006 which deals with the nature of negligence liability, and is intended to redress perception of the existence of a 'compensation culture'
* Third Parties (Rights Against Insurers) Act 2010
Development in nuisance
An important aspect of The Law of Negligence is that it also deals with the law of nuisance. Although this is consistent with much modern judicial and academic commentary, which favours an integrated approach to the two torts, other negligence works on the market do not, on the whole, provide comprehensive coverage of nuisance cases.
* Corby Group Litigation, a decision of the Court of Appeal in which the Court cited The Law of Negligence (see [2008] EWCA Civ 463 at [23] per Dyson LJ)
* Dobson v. Thames Water Utilities on the relationship between the common law of nuisance and the Human Rights Act,
* Watson v. Croft Promosport Ltd on judicial discretion with respect to remedies in nuisance cases
* An important decision on vicarious liability in situations involving special hazard was handed down in Biffa Waste Service Ltd v. Mashinenefabrik Ernst Hese GmbH
The book is part of the Common Law menu which is supported by annual updates.
目次
- Part one
- The structure of the modern law of negligence
- 1. Liability for carelessness
- 2. Evaluation of conduct
- 3. Causation and remoteness
- Part two
- Negligence and economic interests
- 4. Liability for negligent misstatement
- 5. Financial loss caused by careless acts
- Part three
- Professional negligence
- 6. General principles
- 7. Clinical negligence
- 8. Lawyers
- 9. Property and finance
- Part four
- Land use liability in negligence and nuisance
- 10. Liability of occupiers
- 11. Duties to neighbouring occupiers
- 12. Interference with comfort and enjoyment
- 13. Physical damage to land and buildings
- 14. Public nuisance
- Part five
- Negligence against a statutory background
- 15. Negligence and the exercise of statutory powers
- 16. The action for breach of statutory duty
- Part six
- Employers' liability
- 17. Employers' liability to their employees
- 18. Vicarious liability
- Part seven
- Defective products
- 19. The common law
- 20. Strict liability by statute
- Part eight
- Defences
- 21. Assumption of risk
- 22. Contribution and exclusion
- 23. Defences in nuisance
- Part nine
- Damages and their assessment
- 24. The making of awards in personal injury cases
- 25. Damages recoverable for personal injury
- 26. Cases involving death
- 27. Property damage and other losses
- 28. Limitation of actions
- Part ten
- Nuisance: redress for continuing interference
- 29. Injunctions
- 30. Abatement of nuisance
- Part eleven
- Tort, the state and the future
- 31. Insurance and state provision
- 32. Reform?
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