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Negligence (Volume 78 (2018))

If it's not in Halsbury's then it's not the law.

Covering every proposition of the law of England and Wales, however niche, Halsbury's Laws provides all your legal answers in a single source.

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Negligence (Volume 78 (2018))

1. General Principles of the Law of Negligence

1. The nature of negligence liability.

2. The duty of care.

3. Causation.

5. Direct physical damage.

6. The foetus and family relationships.

7. Wrongdoers.

8. Duty to rescuers.

9. Liability for omissions.

10. Responsibility for the conduct of third parties.

12. Pure economic loss.

13. Negligent statements.

14. Defective products or buildings.

15. Personal liability of employees and directors.

16. Public services implementing statutory duties.

17. Exercise of statutory discretion by public bodies.

18. Failure by public bodies to exercise statutory powers.

19. Immunity for participants in legal proceedings.

20. Standard of care.

21. Reasonable care.

22. Profession of particular skill.

23. Civil liability.

24. The Fatal Accidents Act 1976.

25. Claim by executor or administrator under the Fatal Accidents Act 1976.

26. Persons who may benefit under the Fatal Accidents Act 1976.

27. Period of limitation in relation to actions under the Fatal Accidents Act 1976.

11. Liability for psychiatric damage (nervous shock).

4. The test for determining notional duty of care.

2. Situations in Which a Duty of Care Arises

28. General duty of care and recognition of situations in which a duty of care arises.

29. Scope of the Occupiers' Liability Act 1957.

31. Who is a visitor.

32. Common duty of care.

33. The standard of care.

34. Warning and knowledge of danger.

35. Liability for independent contractors.

36. Persons who contract with the occupier.

37. Visitors entering pursuant to contract with a third person.

38. Exclusion of liability.

39. Nature of duty.

40. Duty to persons other than visitors.

41. Liability of builders and contractors.

43. Liability after disposal of premises.

44. Liability of landlords with powers relating to repairs.

45. Nature of duty.

46. Duty to take special precautions.

47. Nature of duty.

48. Intermediate examination or warning.

50. Articles entrusted to third persons.

51. Liability for obstruction.

52. Acts of third persons.

53. Use of the highway.

54. The Highway Code and traffic regulations.

55. Rule of the road.

56. Speed.

57. Cross roads.

58. Pedestrians.

59. Defective and unattended vehicles.

60. Inference of negligence.

61. Duty to the public in respect of premises.

30. Who is an occupier.

42. Liability of professional advisers.

49. Persons liable.

3. Proving Negligence

62. Proving negligence.

63. Negligence of the claimant.

64. Inference of defendant's negligence.

65. Absence of explanation.

66. Control.

67. Occurrences that cannot happen without carelessness.

68. Effect of application of maxim res ipsa loquitur.

4. Defences

69. Nature of defence.

71. Passengers in vehicles.

72. Games, sports and entertainments.

73. Limitation of actions.

74. Agreements to exclude or restrict liability.

70. Application of the defence.

5. Apportionment of Liability

75. Effect of contributory negligence.

76. The negligence must be contributory.

78. Standard of care in contributory negligence.

79. Traffic cases.

80. Knowledge by the claimant.

81. Doctrine of identification.

82. Apportionment.

83. Joint tortfeasors.

77. Contributory negligence not dependent on the duty of care.

6. Remedies and Procedure

84. Damages.

85. Functions of judge and jury.

86. When case may be withdrawn from jury.

Consultant Editor