A Modern View of the Law of Torts

Editorial ForewordAuthor's ForewordLaw Reports—Abbreviations and ExplanationPart I. Introduction §1. What is a Tort §2. Singular or PluralPart 2. Parties to the Action §3. Who may Sue 1. General Rule 2. Exceptional Cases 3. Death of Plaintiff 4. Fatal Accidents Acts §4. Who may be Sued 1. Procedural Immunities 2. The Crown 3. Infants 4. Corporations 5. Husband and Wife 6. Trade Unions, Unincorporated Associations 7. Partnerships, etc §5. Liability for Another Person's Acts 1. Authorization 2. Vicarious Liability 3. Liability for Acts of Independent Contractors §6. Parents and Children §7. Joint Tortfeasors 1. Who are Joint Tortfeasors 2. Consequences to the Plaintiff 3. The Consequences for the Defendant: Right to ContributionPart 3. General Principles of Liability §8. Classification of the Plaintiff's Interest §9. Classification of the Defendant's Conduct: Fault 1. The Defendant's Mental Attitude 2. Fault 3. Evidentiary Considerations 4. Classification §10. Intentional Conduct §11. Negligence 1. Introduction 2. Components—Duty, Breach, Damage 3. Duty: Reasonable Foresight 4. Examples 5. Breach: Standard of Care 6. Damage §12. Motive: MalicePart 4. General Defenses to Actions in Tort §13. Definition (a) Genuine General Defenses (b) Not Genuine General Defenses §14. Voluntary Assumption of Risk, Contract, Consent §15. Contributory Negligence 1. Generally 2. The Statute 3. Rescues §16. Necessity §17. Wartime Military Necessity: Act of State §18. Defense of Person or Property §19. Statutory Authority: Absolute and Conditional §20. Ex turpi causa §21. Exercise of a Legal Right §22. Legal Processes §23. Inevitable Accident §24. Mistake: Insanity §25. The Rule in Smith v. SelwynPart 5. Remedies §26. Self-Help §27. Judicial Remedies: General §28. Damages 1. Their Purpose is Compensatory 2. Damages for Continuing and Non-continuing Torts 3. Ordinary Damages 4. Effect of Benefits for Plaintiff Resulting from Tort 5. Aggravated Damages 6. Exemplary Damages 7. Remoteness of Damage 8. Plaintiff's Duty to Mitigate Damages §29. Specific Restitution §30. Injunction §31. DeclarationPart 6. Extinction of Remedies §32. Death 1. Death of Plaintiff 2. Death of Defendant §33. Limitation §34. Prescription §35. Waiver, Release, Accord and Satisfaction §36. Judgment: SatisfactionPart 7. §37. A Table of the Law of TortsPart 8. Torts Protecting the Person of the Plaintiff §38. Battery. Assault 1. Definition and Scope 2. Special Defenses §39. Intentional Infliction of Physical Harm §40. Trespass to the Person §41. Negligence (i.e. as a Tort) 1. Generally 2. Special Duty Relationships or Situations 3. Breach 4. Damage §42. Actions for Breach of Statutory Duty §43. Occupiers' Liability (Liability of Occupiers of Premises) 1. Introduction 2. Who is an Occupier for this Purpose 3. What are "Premises"? Current Operations 4. Who Can Sue the Occupier? Lawful Visitors 5. The Common Duty of Care 6. Special Defenses, Especially Conditional License to Enter and Contract 7. Trespassers 8. Ramblers §44. Public Nuisance Defenses §45. The Scienter Action and Liability for Animals 1. Scienter 2. Dogs 3. Animals and NegligencePart 9. Torts Protecting the Plaintiff's Freedom of Movement §46. False Imprisonment 1. The "Imprisonment" 2. Lawful JustificationPart 10. Torts Protecting the Reputation of the Plaintiff §47. Libel and Slander 1. Defamatory Publication 2. Libel and Slander Distinguished 3. The Defendant's Conduct and Mental Attitude 4. Reference to Plaintiff 5. Innuendo 6. Special Defenses 7. DamagesPart 11. Torts Protecting the Plaintiff's Family Interests §48. Enticement: Harboring: Adultery: Actions for Loss of Consortium and Loss of Services 1. Enticement 2. Harboring 3. Special Defenses in Enticement and Harboring 4. Adultery 5. Action for Loss of Consortium 6. Action for Loss of Services §49. SeductionPart 12. Torts Protecting the Plaintiff's Interest in His Goods §50. Trespass to Goods Special Defense: jus tertii §51. Detinue Special Defenses §52. Conversion 1. Who Can Sue 2. Definition and Mental Elements in this Tort 3. Examples of Conversions 4. Conversion by Receiving 5. Damages 6. Jus tertii, Market Rvert, etc §53. Negligence 1. Generally 2. Bailment 3. Damage to Reversionary Interests §54. Common Carriers and Innkeepers §55. A Comparison of the Various Actions which Protect the Plaintiff's Interest in his GoodsPart 13. Torts Protecting the Plaintiff's Pecuniary Interests Other than in Respect of Injuries to His Land or Goods §56. Fraud (Deceit) 1. Generally 2. The Five Elements of Fraud 3. Special Defense: Lord Tenterden's Act §57. Malicious Falsehood (including Slander of Goods and Title) 1. Malicious Falsehood 2. Slander of Goods and Slander of Title 3. Special Defense: Absolute Privilege 4. Remedies §58. Passing Off Remedies §59. Interference with Contractual Relationships 1. Essentials of the Tort 2. Special Defenses §60. Intimidation 1. The Tort Itself 2. Special Defenses §61. Conspiracy 1. Two Types 2. Special DefensesPart 14. Torts Protecting the Plaintiff's La §62. Trespass to Land 1. Who Can Sue 2. What is a Trespass to Land 3. Trespass ab initio 4. Remedies 5. Special Defenses §63. Nuisance (i.e. Private Nuisance) 1. Definition 2. "An Interference with the Plaintiff's Use or Enjoyment of His Land" 3. "Or with Some Legal Interest of the Plaintiff in Land" 4. "Which Has Been Caused Indirectly by the Defendant" 5. "Which is Continuous or Repetitive" 6. General Defenses in Nuisance 7. Special Defense: jus tertii §64. Rylands v. Fletcher 1. Scope of this Tort 2. Defenses §65. Rules Governing Liability for Fire §66. Cattle Trespass §67. A Comparison of the Protection Afforded to the Plaintiff by the Torts Discussed in Part 14 Table Comparing the Scope of the Various Torts which Protect the Plaintiff's Interest in LandPart 15. Torts Protecting the Plaintiff's Incorporeal Property §68. What is "Incorporeal Property" §69. Nuisance (in Respect of Incorporeal Property) 1. Licenses 2. EasementsPart 16. Torts Protecting the Plaintiff's Interest in the Proper Conduct of Legal Proceedings §70. Malicious Prosecution §71. Maintenance and Champerty 1. Maintenance 2. Special Defenses to Maintenance: Common Interest and Charity 3. Champerty §72. Defaulting Witnesses Special DefensesPart 17. Oddments and Postscript §73. Ubi jus ibi remedium §74. Failure by Common Carriers and Innkeepers to Serve the Plaintiff §75 PostscriptIndex and Table of Cases and Statutes Referred To