Third Party Liability in Tort [Hardcover]

Introduction(i) The Normative Purpose of Tort Law(ii) Identifying a Place within the Tort System for a Regime of Third Party Liability(iii) The Organisation of the Chapters OmissionsI. CLARIFICATION OF THE CURRENT RULES ON OMISSIONS (i) Distinction Between Misfeasance And Nonfeasance (ii) Specifying the Terms of the Claim (iii) Clarifying the Duty of Care II. PURPOSE AND UTILITY OF THE NON-LIABILITY RULE FOR OMISSIONS The Dorset Yacht Principles of Third Party Liability and the Exceptional Position of ParentsI. THE DORSET YACHT PRINCIPLES OF THIRD PARTY LIABILITY II. THE LIABILITY OF PARENTS IN RESPECT OF THEIR CHILDREN(i) The Liability of Parents to their Own Children for Harm Committed by Others (ii) The Liability of Parents for Harm Committed by their Children upon Others III. CONCLUSION Third Party Liability of Property Owners I. THIRD PARTY PROPERTY LIABILITY IN NUISANCE (i) General Principles (ii) The Nuisance Cases II. THIRD PARTY PROPERTY LIABILITY IN NEGLIGENCE (i) General Principles (ii) The Negligence Cases III. CONCLUSION Third Party Liability in Respect of the Intoxicated I. THE COMMONWEALTH POSITION (i) Canada (ii) Australia II. THE POSITION IN ENGLISH LAW III. CONCLUSION Third Party Liability in Sport I. THIRD PARTY LIABILITY ACTIONS AGAINST REFEREES II. THIRD PARTY LIABILITY ACTIONS AGAINST SPORTSGOVERNING BODIES III. CONCLUSION Third Party Liability Actions Involving Public Authority Defendants I. LIABILITY UNDER THE HUMAN RIGHTS ACT 1998 II. LIABILITY IN NEGLIGENCE (i) The Case Law (ii) The Significance of the Direct Liability/Vicarious Liability Distinction from a Third Party Liability Perspective (iii) The Decisions in the Abuse Cases(iv) The Decisions in the Education Cases III. THE SIGNIFICANCE OF THE X LITIGATION FROM A THIRD PARTY LIABILITY PERSPECTIVE (i) Police Authorities (ii) Prison Authorities (iii) Health Authorities (iv) Education Authorities IV. CONCLUSION Liability for the Acts of Others: A French Perspective I. THIRD PARTY LIABILITY OF PUBLIC AUTHORITIES IN FRANCE (i) Third Party Liability in Respect of Harm Caused by Prisoners (ii) Third Party Liability in Respect of Harm Caused by Mentally Impaired Patients in State Care II. THIRD PARTY LIABILITY OF PRIVATE LAW DEFENDANTS IN FRANCE (i) The Liability of Parents for the Acts of their Children based on Article 1384, paragraph 4 (ii) Liability for the Acts of Others based on Article 1384, paragraph 1III. CONCLUSION