Statutory Torts

Author: Keith Stanton; Paul Skidmore; Michael Harris; Jane Wright
Publisher: Sweet & Maxwell U.K.
ISBN: 9780421539402
Published In: August 2003
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
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This ground breaking work on those torts which are derived from statute is in two parts. A general section describes the different forms of statutory tortious liability, including those based on the Human Rights Act and those derived from European Community Law. This part also deals with the different standards of liability found in the area, defences and causation.

A second section looks at the operation and role of the different kinds of statutory torts in particular areas.

* INTRODUCTION
What is a Tort?
Forms of Statutory Tort
Negligence
European Community Law Torts
Human Rights
Other Torts

* THE TORT OF BREACH OF STATUTORY DUTY
The History of the Tort
Definitions
Protected Interests
The Process of Inferring the Tort
The Presumption Approach
The Construction Approach
Conclusion

* NEGLIGENCE BY PUBLIC AUTHORITIES: GENERAL PRINCIPLES
Introduction
Conditions of Liability
Failure/Omission to Exercise Statutory Powers
The Relationship between Ultra Vires and Negligence
Public Bodies and the Human Rights Act

* MISFEASANCE IN PUBLIC OFFICE
Introduction
Abuse of Position/Dishonesty
Public Office
Powers
The Two Limbs of the Tort
Proximity and Causation
A legally Protected Interest
Vicarious Liability
Conclusion

* THE HUMAN RIGHTS ACT 1998
Introduction
Article 2: The Right to Life
Article 3: Prohibition of Torture etc
Article 4: Protection from Slavery etc
Article 5: Liberty and Security
Article 6: Right to a Fair Trial
Article 7: No Punishment Without Law
Articles8-11 and Limitations
Article 8: Right to Respect for Private and Family Life etc
Family Life
Home
Correspondence
Article 9: Freedom of Thought, Conscience and Religion
Article 10: Freedom of Expression
Article 11: Freedom of Assembly and Association
Article 12: The Right to Marry etc
Article 14: Prohibition of Discrimination

* BREACH OF EUROPEAN COMMUNITY LAW
Introduction
The Community as Defendant
The Member State as a Defendant etc
Liability for Breach of Community Law etc

* OTHER TORTS
Introduction
The Economic Torts
Enforcing the Criminal law By Injunction

* DEFINING THE OBLIGATION
Introduction
Absolute Standards
Qualified Standards
Standards of Reasonable Care
Delegation
European Community Law
Conclusion

* DEFENCES AND RESTRICTIONS ON LIABILITY
Introduction
Contributory Negligence
Assumption of Risk
Exclusion Causes
Illegality
Limitation of Actions

"Much of the book's subject matter has been unjustly neglected by English tort lawyers, and the authors are to be applauded for bringing their exacting analysis to bear upon it." - Yearbook of European Tort Law