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Clerk & Lindsell on Torts
Clerk & Lindsell on Torts
22nd Edition, 2nd Supplement
Series:  Common Law Library
Practice Area:  Tort
ISBN:  9780414072626
Published by:  Sweet & Maxwell
Publication Date:  30 Sep 2019
Format:  eBook - ProView
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Clerk & Lindsell on Torts, one of our flagship titles and part of the Common Law Library series, is an essential reference tool which is widely referred to by practitioners and cited by the judiciary. It offers the most comprehensive coverage of the subject, providing the end user with indispensable access to current, frequent and unrivalled authoritative information on all aspects of tort law.

The Second Supplement to the Twenty-Second Edition brings the Main Work fully up to date with the latest developments, including decisions of the Supreme Court in:

  • Perry v Raleys Solicitors on the correct approach to a “lost chance” claim against solicitors, approving Maples Group Ltd v Simmons & Simmons
  • Vedanta Resources plc v Lungowe on the potential liability of a parent company in relation to the activities of its subsidiaries
  • Stocker v Stocker on the correct approach to determining the meaning of words posted to a social media site (Facebook) for the purposes of the tort of defamation
  • James-Bowen v Commissioner of Police of the Metropolis holding that an employer does not owe a duty of care to employees to defend a civil action against the employer in a manner that protects the employees from economic or reputational harm
  • Playboy Club London Ltd v Banca Nazionale Del Lavoro SpA holding that no duty of care is owed by a bank to a casino in respect of a credit reference on a customer given to the casino’s agent, where the bank was unaware of the existence of the casino

And in the Court of Appeal, including:

  • Economou v de Freitas and Serafin v Malkiewicz on the correct approach to s.4 of the Defamation Act 2013 and its relationship to the common law defence of responsible journalism
  • ARB v IVF Hammersmith Ltd confirming that the same policy objections to awarding compensation for the costs of raising a healthy child in a wrongful birth claim apply to breach of strict contractual obligations as well as negligence actions
  • Khan v Meadows holding that negligent advice about the risk of a child being born with haemophilia did not give rise to a claim for the costs of raising a child with autism in a wrongful birth claim, applying SAAMCo
  • Rees v Commissioner of Police for the Metropolis on who can qualify as a “prosecutor” for the purposes of the tort of malicious prosecution
  • Royal Opera House Covent Garden Foundation v Goldscheider on the correct approach to the meaning of all “reasonably practicable” steps to avoid the risk under the Control of Noise Regulations 2005 in a case of occupational deafness
Key features:
  • Provides unrivalled breadth and depth of coverage on all areas of tort law
  • Sets out the general principles, including liability and causation, and details the practice and procedure of seeking solutions
  • Explains the general defences, such as claimant’s wrongdoing, contributory negligence, consent and assumption of risk, exclusion of liability and miscellaneous defences
  • Covers all areas of tort, from joint liability and vicarious liability to capacity and parties, from foreign torts to negligence, from breach of statutory duty to professional liability, and from product liability and occupiers’ liability to employers’ liability and public service liability
  • Deals with important areas from malicious prosecution to wrongful interference with goods, from deceit to trespass of land and dispossession, from animals’ liability to nuisance and Rylands v Fletcher implications, and from malicious falsehood to economic torts
  • Discusses statutory IP rights, passing off and breach of confidence and privacy
  • Includes a fully updated chapter on Defamation to take in the changes in law brought in with the Defamation Act 2013
  • Deals extensively with damages
  • Covers injunctions and limitation periods
  • Includes discussion of self-help and discharge of torts
  • Considers relevant human rights issues
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