Download e-book for kindle: Torts by Alastair Mullis, Ken Oliphant (auth.)

By Alastair Mullis, Ken Oliphant (auth.)

ISBN-10: 0333564189

ISBN-13: 9780333564189

ISBN-10: 1349126594

ISBN-13: 9781349126590

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G. that there should be a 'close and direct' relationship between the parties or that it should be 'just and reasonable' to impose liability: see Peabody Donation Fundv. Parkinson [1985] AC 210). Finally, the courts should abandon 'the modern approach' of looking for a single general principle underlying the tort of negligence and revert to the 'traditional approach [of identifying] a wide variety of duty situations, all falling within the ambit of the tort of negligence, but sufficiently distinct to require separate definition of the essential ingredients by which the existence of the duty is to be recognised' (Caparo v.

In Lord Ackner's view, an element of suddenness was necessary for liability to arise. Even when this element of suddenness is present, there remains the question as to how far, if at all, the courts will discriminate between different factual situations in determining whether the defendant should be held liable. It is clear that liability may be imposed where the shock is caused by witnessing actual injury suffered by another person, and it seems also that there will be liability where shock is suffered as the result of seeing another placed in extreme jeopardy, even if in the event the other escapes unharmed (see Lord Oliver in Alcock).

The House of Lords recognised for the first time a general rule of liability for harm caused by negligence. As a result. it became possible to talk of a tort of negligence. 2 Notwithstanding this general rule. liability for the consequences of carelessness is limited by the requirements of the duty of care. causation and remoteness. and by the various defences that the defendant might raise. 3 The tort of negligence abounds with high-flown conceptual language which tends to obscure the fact that detailed rules have developed in many areas to govern 18 The Tort of Negligence the imposition of liability.

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Torts by Alastair Mullis, Ken Oliphant (auth.)


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