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Vol 21 No 10 Oct/Nov 2016

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Third Party Liability in Tort

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ISBN13: 9781841135526
ISBN: 1841135526
Published: July 2006
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00



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Non-vicarious liability for the acts of third parties is distinguishable from the traditional doctrine of vicarious liability insofar as it relates to a form of primary liability predicated upon the personal fault of the defendant. More conveniently termed 'third party liability', it is a novel category of tortious liability that has evolved from a collection of disparate and isolated judicial decisions setting out, on an entirely ad hoc basis, individualised exceptions to the entrenched common law rules against liability for omissions and liability for the acts of others.

As a result of the improvised nature of its development, the current law on third party liability is unstructured, unprincipled and incoherent. The specific purpose of this book is to seek out the foundational principles governing the various existing instances of third party liability, with a view to identifying a coherent legal basis upon which such liability can develop in the future.

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Subjects:
Tort Law
Contents:
Introduction
(i) The Normative Purpose of Tort Law
(ii) Identifying a Place within the Tort System for a Regime of Third Party Liability
(iii) The Organisation of the Chapters Omissions
I. CLARIFICATION OF THE CURRENT RULES ON OMISSIONS
(i) Distinction Between Misfeasance And Nonfeasance
(ii) Specifying the Terms of the Claim
(iii) Clarifying the Duty of Care
II. PURPOSE AND UTILITY OF THE NON-LIABILITY RULE FOR OMISSIONS

The Dorset Yacht Principles of Third Party Liability and the Exceptional Position of Parents
I. THE DORSET YACHT PRINCIPLES OF THIRD PARTY LIABILITY
II. THE LIABILITY OF PARENTS IN RESPECT OF THEIR CHILDREN
(i) The Liability of Parents to their Own Children for Harm Committed by Others
(ii) The Liability of Parents for Harm Committed by their Children upon Others
III. CONCLUSION

Third Party Liability of Property Owners
I. THIRD PARTY PROPERTY LIABILITY IN NUISANCE
(i) General Principles
(ii) The Nuisance Cases
II. THIRD PARTY PROPERTY LIABILITY IN NEGLIGENCE
(i) General Principles
(ii) The Negligence Cases
III. CONCLUSION

Third Party Liability in Respect of the Intoxicated
I. THE COMMONWEALTH POSITION
(i) Canada
(ii) Australia
II. THE POSITION IN ENGLISH LAW
III. CONCLUSION

Third Party Liability in Sport
I. THIRD PARTY LIABILITY ACTIONS AGAINST REFEREES
II. THIRD PARTY LIABILITY ACTIONS AGAINST SPORTS GOVERNING BODIES
III. CONCLUSION

Third Party Liability Actions Involving Public Authority Defendants
I. LIABILITY UNDER THE HUMAN RIGHTS ACT 1998
II. LIABILITY IN NEGLIGENCE
(i) The Case Law
(ii) The Significance of the Direct Liability/Vicarious Liability Distinction from a Third Party Liability Perspective
(iii) The Decisions in the Abuse Cases
(iv) The Decisions in the Education Cases
III. THE SIGNIFICANCE OF THE X LITIGATION FROM A THIRD PARTY LIABILITY PERSPECTIVE
(i) Police Authorities
(ii) Prison Authorities
(iii) Health Authorities
(iv) Education Authorities
IV. CONCLUSION

Liability for the Acts of Others: A French Perspective
I. THIRD PARTY LIABILITY OF PUBLIC AUTHORITIES IN FRANCE
(i) Third Party Liability in Respect of Harm Caused by Prisoners
(ii) Third Party Liability in Respect of Harm Caused by Mentally Impaired Patients in State Care
II. THIRD PARTY LIABILITY OF PRIVATE LAW DEFENDANTS IN FRANCE
(i) The Liability of Parents for the Acts of their Children based on Article 1384, paragraph 4
(ii) Liability for the Acts of Others based on Article 1384, paragraph 1
III. CONCLUSION