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Charlesworth & Percy on Negligence
Charlesworth & Percy on Negligence
14th Edition
Series:  Common Law Library
Practice Area:  Professional Negligence
ISBN:  9780414067141
Published by:  Sweet & Maxwell
Publication Date:  22 Jun 2018
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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The foremost guide to this complex area of the law, Charlesworth and Percy on Negligence provides an exhaustive reference guide written by a mixed team of practitioners and academics on the torts of negligence and nuisance. Building on the excellence of previous editions, the 14th edition considers all the latest caselaw plus an enhanced discussion on vicarious liability and non-delegable duties.


Key features:
  • Sets out comprehensively the general principles, covering duty of care and liability issues under the tort of negligence including the Christian Brothers test to establish vicarious liability
  • Shows how the principles developed through the application of the common law and explains how the law of negligence has been applied in the UK and Commonwealth jurisdictions
  • Explains what remedies may be available, including damages, and investigates the remoteness of damages as a remedy
  • Explains the burden of proof in negligence cases
  • Demonstrates the defences and discharges from liability
  • Demonstrates the standard of care principle in relation to persons professing some special skill, highways and transport, employee-employer relationship
  • Provides an essential reference for every negligence case whether it is to do with personal injury including resulting in death, property, product liability and injury caused by animals and death

New material in the 14th Edition:
  • The section on the defence of illegality which can be pleaded in tort and contract law (or unjust enrichment) has been revised to accommodate important case law such as the Supreme Court decision in Patel v Mirza
  • An individual chapter on Vicarious liability has been included which takes into account discussions on recent case law such as Cox v Ministry of Justice. The Cox case was heard at the same time as Mohamud v WM Morrison Supermarkets plc and the 14th edition discusses the interplay of cases in this complex area of the law.

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CONTENTS
Part I: General Principles
  • The Meaning of Negligence;
  • The Duty to Take Care; Parties;
  • Principal Defences and Discharges from Liability;
  • Causation and Remoteness of Damage;
  • Proof and Damages
  • Vicarious liability and non-delegable duties

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

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