Statutory Torts

* 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