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Charlesworth & Percy on Negligence

Charlesworth & Percy on Negligence
14th Edition, 3rd Supplement
Series:  Common Law Library
Practice Area:  Litigation, Tort
ISBN:  9780414088177
Published by:  Sweet & Maxwell
Publication Date:  23 Jun 2021
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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Charlesworth & Percy on Negligence is the principal guide to a complex area of the law, providing unrivalled depth of analysis into the tort of negligence. The Third Cumulative Supplement to the Fourteenth Edition brings the main work up to date with all the recent developments including:

In the Supreme Court
  • Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43 – examining the principles underpinning the defence of illegality and the applicability of Patel v Mirza.
  • Stoffel v Grondona [2020] UKSC 42 – considering the defence of illegality in a solicitors’ negligence claim.
  • WM Morrisons Supermarkets Plc v Various Claimants [2020] UKSC 12 – assessing the factors central in determining the imposition of vicarious liability for criminal acts.
  • The Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1 – discussing the over-exclusionary effect of the ‘but for’ test of causation.

In the Court of Appeal
  • Assetco Plc v Grant Thornton UK LLP [2020] EWCA Civ 1151 – considering the application of SAAMCO principles to a negligent audit.
  • The White Lion Hotel v James [2021] EWCA Civ 31 – examining the extent to which the voluntary taking of an obvious risk can amount to a defence under the Occupiers’ Liability Act 1957.
  • Schembri v Marshall [2020] EWCA Civ 358 – reviewing the role of statistics when determining causation in a clinical negligence claim.
  • Al-Najar v Cumberland Hotel (London) Ltd [2020] EWCA Civ 1716 – considering the extent of an occupier’s duty to prevent trespassers committing acts of violence.
  • Holt v Holley & Steer Solicitors [2020] EWCA Civ 851 – determining the timing of the accrual of a cause action against solicitors who had failed to adduce expert evidence at trial.
  • Large v Hart [2021] EWCA Civ 24 – assessing the application of the SAAMCO principles to a surveyor’s negligence claim.
  • Jalla v Shell International Trading & Shipping Co [2021] EWCA Civ 63 – considering the principles applicable to Rylands v Fletcher liability for damage resulting from a single escape.

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

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CONTENTS

Part I: General Principles 
1. The Meaning of Negligence 
2. The Duty to Take Care
3. Parties 
4. Principal Defences and Discharges from Liability
5. Causation and Remoteness of Damage
6. Proof and Damages
7. Vicarious Liability and Non-Delegable Duties

Part II: Standard of Care
8. The Standard of Care
9. Dangerous Premises
10. Persons Professing Some Special Skill
11. Highways and Transport
12. Employment at Common Law

Part III: Statutory Duty
13. Liability for Breach of Statutory Duty

Part IV: Absolute or Strict Liability
14. Dangerous Things: Rylands v Fletcher  
15. Animals   
16. Product Liability

Part V:
17. Death and Causes of Action

Part VI: Miscellaneous Matters
18. Insurance and Other Compensation Schemes





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