Tort Law in Hong Kong

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Tort Law in Hong Kong

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Hong Kong. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale.

Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers Hong Kong. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
The Author
List of Abbreviations
General Introduction

Part I. Liability for One’s Own Acts
Chapter 1. General Principles
Chapter 2. Specific Cases of Liability

Part II. Liability for Acts of Others
Chapter 1. Vicarious Liability
Chapter 2. Liability of Parents, Teachers, Instructors and Others for the Conduct of Children, Minors and Students
Chapter 3. Liability for Things and Animals

Part III. Forms of Strict Liability
Chapter 1. Road and Traffic Accidents
Chapter 2. Environmental Liability
Chapter 3. Others (Breach of Statutory Duty)

Part IV. Defences and Exception Clauses
Chapter 1. Limitation of Action/Statutory Defences
Chapter 2. Contributory Negligence
Chapter 3. Volenti Non Fit Injuria (Voluntary Assumption of Risk) and Exemption Clauses
Chapter 4. Illegality

Part V. Causation and Remoteness (Negligence)
Chapter 1. Causation in Fact (Factual Cause)
Chapter 2. Concurrent Causes and Consecutive Events
Chapter 3. New Intervening Causes (Novus Actus Interveniens
Chapter 4. Causation in Law (Remoteness)

Part VI. Remedies
Chapter 1. General Principles
Chapter 2. Kinds of Damages
Chapter 3. Assessment and Compensation of Damages
Chapter 4. Personal Injury and Death (Pecuniary and Non- Pecuniary Losses)
Chapter 5. Various Damages (Property)
Chapter 6. Interference with Collateral Benefits
Chapter 7. Other Remedies

Selected Bibliography
Table of Cases
Ordinances
Index
Fozia Nanir is an Assistant Professor at the City University of Hong Kong. She holds a PhD and LLM from the University of Aberdeen (United Kingdom) and LLB from the University of Kashmir (India). Soon after finishing her doctorate she took up her full-time teaching job at the City University of Hong Kong and has taught various subjects including tort law, public international law, common law methods and business and law. As well as teaching tort law in Hong Kong for the past seven years, she has also published texts on public international law and tort law. Her recent publications include Hong Kong Tort Law: Texts, Cases and Ordinances (Lexis Nexis, October 2014) and “The Enigma of the Hong Kong Injunction Cases – A Perspective on Political Question Doctrine, Separation of Powers, Rules of Law and Universal Suffrage’ (in the Vienna Journal on International Constitutional Law, Vol. 10, 1/2016, 3-29). She is the process of completing her book in the area of international law with Brill. She has also secured very prestigious and competitive government funding through the General Research Fund in 2015/16 from the Research Grants Council of Hong Kong.