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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Charlesworth & Percy on Negligence 13th ed with 2nd Supplement isbn 9780414052789

Charlesworth & Percy on Negligence 13th ed

Edited by: Christopher Walton, Roger Cooper, Stephen Todd, Daniel Edwards, Philip Kramer

ISBN13: 9780414034235
New Edition ISBN: 9780414052789
Previous Edition ISBN: 9780414023376
Published: August 2014
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



The main authority on the law of negligence, and frequently cited in court, Charlesworth & Percy on Negligence covers both common law and statutory duty. The new 13th Edition has been reconsidered and where necessary revised in light of developments in the law.

Significant changes have been made to the structure of this title and it now contains several new features including:

Chapter Revisions

  • Combination of the chapters on Causation and Remoteness with a major re-writing of the text in relation to both.
  • Moving of the discussion of the practical aspects of proof to the start of the Damages chapter.
Important decisions in the Supreme Court:

  • Various Claimants v Catholic Care Society (Vicarious liability)
  • Jones v Kaney (Witness immunity)
  • Woodland v Essex CC (Non delegable duties of care)
  • Smith v Ministry of Defence (The extent of the doctrine of combat immunity)
  • Dunhill v Burgin (Capacity to litigate)
Key Court of Appeal decisions:

  • Chandler v Cape plc (Liability of a parent company for injury to the employee of a subsidiary)
  • Selwood v Durham County Council (Liability of an NHS Trust for injury to a third party inflicted by the patient of a doctor employed by the Trust)
  • Lambert v Barratt Homes Ltd (The duty of an occupier who becomes aware of a danger on his land which threatens his neighbour’s property)
Charlesworth & Percy on Negligence is the title that provides unrivalled depth of analysis of the torts of negligence and nuisance. It remains the number 1 title as it:

  • Sets out the general principles, covering duty of care, liability and causation
  • Deals with both the standard of care in different situations and areas where strict liability applies
  • Explains what remedies may be available, including damages
  • Focuses on both established areas and developing areas such as psychiatric injuries
  • Provides an essential reference for every negligence case whether it is to do with personal injury, property, or product liability
  • Helps you to establish whether a duty of care exists and if it has been breached, helping you to assess quickly and with confidence whether a cause for action exists
  • Updates you with new statutory duties which means you will know exactly how recent changes apply
  • Shows, through a detailed analysis of case law, how the principles work in specific situations and sets out the implications of new developments to help you take a view on your particular case
  • Covers UK and Commonwealth jurisdictions, letting you see how the law of negligence has been applied in multiple jurisdictions

Subjects:
Tort Law, Common Law Library
Contents:
Part I: General Principles

The Meaning of Negligence
The Duty to Take Care
Principal Defences and Discharges from Liability
Damages
Proof of Actionable Negligence

Part II: Standard of Care

The Standard of Care
Dangerous Premises
Persons Professing Some Special Skill
Highways and Transport
Employment at Common Law

Part III: Statutory Duty

Liability for Breach of Statutory Duty

Part IV: Absolute or Strict Liability

Dangerous Things: Rylands & Fletcher
Animals
Products Liability

Part V: Death

Death and Causes of Action

Part VI: Miscellaneous Matters
Insurance and Other Compensation Schemes