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Books on the topic 'Third person’s liability'
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1
Liability of the operators and owners of aircraft for damage inflicted to persons and property on the surface. Maastricht: Shaker Publishing, 2003.
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2
Restatement of the law third, torts, liability for physical and emotional harm. St. Paul, MN: American Law Institute Publishers, 2010.
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3
Institute, American Law. Restatement of the law third, torts, liability for physical and emotional harm. St. Paul, MN: American Law Institute Publishers, 2010.
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4
Institute, American Law. Restatement of the law third, torts--liability for physical and emotional harm: Tentative draft. Philadelphia, Pa. (4025 Chestnut St., Philadelphia 19104-3099): Executive Office, American Law Institute, 2007.
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5
Horsey, Kirsty, and Erika Rackley. Tort Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198785286.001.0001.
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Tort Law encourages the reader to understand, engage with, and critically reflect upon tort law. The book contains five parts. Part I, which is about the tort of negligence, looks at duty of care, omissions, acts of third parties, psychiatric harm, economic loss, breach, causation and remoteness, and defences to negligence. Part II considers occupiers’, product and employers’ liability and breach of statutory duty. Part III looks at personal torts and explains trespass to the person, defamation and the invasion of privacy. Part IV concerns land torts and Part V looks at liability (including vicarious liability), damages and limitations.
6
Deakin, Simon, Angus Johnston, and Basil Markesinis. 19. Vicarious Liability. Oxford University Press, 2013. http://dx.doi.org/10.1093/he/9780199591985.003.0019.
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Vicarious liability is liability imposed on an employer to a third party for the tort of his employee committed in the course of employment. Vicarious liability is another instance of stricter liability in the sense that the employer who is not at fault is made responsible for the employee’s default. It thereby gives the injured party compensation from the person who is better able to pay and spread the cost of the injury, namely the employer. Anyone who wishes to hold an employer vicariously liable must prove: that the offender was his employee; that he committed a tort; and that he committed it in the course of his employment. This chapter discusses each of this in turn. It also considers the Contribution between employer and employee; liability for the torts of independent contractors; and the changing contours of employers’ liability.
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Horsey, Kirsty, and Erika Rackley. Tort Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198829270.001.0001.
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Tort Law encourages the reader to understand, engage with and critically reflect upon tort law. The book contains five parts. Part I, which is about the tort of negligence, looks at the basic principles of the duty of care and at special duty problems relating to: omissions and acts of third parties, psychiatric harm, public bodies and economic loss. It also covers breach, causation and remoteness, and defences to negligence. Part II considers occupiers’, product and employers’ liability and breach of statutory duty. Part III looks at personal torts and explains trespass to the person, defamation and the invasion of privacy. Part IV concerns land torts and Part V looks at liability (including vicarious liability), damages and limitations.
8
Horsey, Kirsty, and Erika Rackley. Tort Law. 7th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198867760.001.0001.
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Tort Law encourages the reader to understand, engage with and critically reflect upon tort law. The book contains five parts. Part I, which is about the tort of negligence, looks at the basic principles of the duty of care and at special duty problems relating to: omissions and acts of third parties, psychiatric harm, public bodies and economic loss. It also covers breach, causation and remoteness, and defences to negligence. Part II considers occupiers’, product and employers’ liability and breach of statutory duty. Part III looks at personal torts and explains trespass to the person, defamation and the invasion of privacy. Part IV concerns land torts and Part V looks at liability (including vicarious liability), damages and limitations.
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Lunney, Mark, Donal Nolan, and Ken Oliphant. Tort Law: Text and Materials. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198745525.001.0001.
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Tort Law: Text and Materials brings together a selection of carefully chosen extracts from cases and materials, with extensive commentary. Each section begins with a clear overview of the law, followed by illustrative extracts from case law and from government reports and scholarly literature, which are supported by explanation and analysis. The authors start by introducing the subject, and then examine intentional interference with the person before moving on to liability for negligence. Their analysis provides an overview of negligence liability in general, and then addresses in turn breach of duty, causation and remoteness, defences to negligence, and specific duty of care issues (psychiatric illness, economic loss, omissions and acts of third parties, and public bodies). In the following chapter, the authors consider the special liability regimes for employers and occupiers, as well as product liability and breach of statutory duty. The focus then switches to nuisance and the rule in Rylands v Fletcher, defamation, and privacy, before turning to vicarious liability, and damages for personal injury and death. Finally, they explore how tort works in practice.
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Héctor, Olásolo, and Carnero Rojo Enrique. Part IV The ICC and its Applicable Law, 23 Forms of Accessorial Liability under Article 25(3)(b) and (c). Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198705161.003.0023.
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While Article 25(3)(a) of the ICC Statute assigns principal liability to persons perpetrating a crime, Article 25(3)(b)-(d) ascribes accessorial liability to those participating in the commission of a crime by third persons. Elements of the modes of liability envisaged in paragraphs (b) and (c) of Article 25(3) were proposed but eventually not included in the Elements of Crimes. This chapter discusses ICC approaches towards ordering, instigating, planning, and aiding and abetting, including the contribution and mental element required. It contrasts ICC jurisprudence with approaches of other ICCs and tribunals, including the controversy over the specific direction test in the context of aiding and abetting in the Perisić and Šainović cases at the ICTY and the Taylor case at the SCSL.
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Horsey, Kirsty, and Erika Rackley. Kidner's Casebook on Torts. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198830887.001.0001.
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Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.
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Horsey, Kirsty, and Erika Rackley. Kidner's Casebook on Torts. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198785279.001.0001.
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Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.
13
Horsey, Kirsty, and Erika Rackley. Casebook on Tort Law. 16th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192893659.001.0001.
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Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.
14
Institute, American Law, ed. Restatement of the law third, torts--liability for physical and emotional harm: Tentative draft no. 5 (April 4, 2007). Philadelphia, Pa. (4025 Chestnut St., Philadelphia 19104-3099): Executive Office, American Law Institute, 2007.
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15
Roderick, Munday. 11 The Tortious Liabilities of Principal and Agent. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198784685.003.0011.
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This chapter examines the personal liabilities incurred by both principals and agents for the torts they commit. An agent is personally liable for torts committed in the course of the agency that occasion damage to a third party, irrespective of whether the agent was acting within or outside the principal’s authority. The tortious liability of the principal is more varied. A principal is personally liable for torts which the agent has been authorized to commit. In addition, the principal is also vicariously liable for torts committed by the agent in the course of employment. Finally, as in the case of master and servant, when the principal is liable for the tortious acts of the agent, technically principal and agent are joint tortfeasors and enjoy rights of contribution against one another under the Civil Liability (Contribution) Act 1978. The chapter looks at common forms of tortious liability affecting agency.
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French, Derek. 16. Directors’ duties. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815105.003.0016.
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This chapter deals with the seven general duties of directors as spelled out in the Companies Act 2006: duty to act within powers; duty to promote the success of the company; duty to exercise independent judgement; duty to exercise reasonable care, skill and diligence; duty to avoid conflicts of interest; duty not to accept benefits from third parties; and duty to declare interest in proposed transaction or arrangement. After providing a background on the codification of directors’ general duties, the chapter turns to the fiduciary duty of directors, including shadow and de facto directors. It also examines statutory requirements involving property transactions; loans, quasi-loans and credit transactions; associated companies and persons ‘connected’ with a director; equitable remedies for breach of duty; the ways in which directors can be relieved of liability; and secondary liability with regards to property.
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French, Derek, Stephen W. Mayson, and Christopher L. Ryan. 16. Directors’ duties. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198778301.003.0016.
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This chapter deals with the seven general duties of directors as spelled out in the Companies Act 2006: duty to act within powers; duty to promote the success of the company; duty to exercise independent judgement; duty to exercise reasonable care, skill, and diligence; duty to avoid conflicts of interest; duty not to accept benefits from third parties; and duty to declare interest in proposed transaction or arrangement. After providing a background on the codification of directors’ general duties, the chapter turns to the fiduciary duty of directors, including shadow and de facto directors. It also examines statutory requirements involving property transactions; loans, quasi-loans, and credit transactions; associated companies and persons ‘connected’ with a director; equitable remedies for breach of duty; the ways in which directors can be relieved of liability; and secondary liability with regards to property.
18
Bittner, Marc-Philipp, Anabel Guntermann, Christoph Benedikt Müller, and Darius Rostam, eds. Cybersecurity als Unternehmensleitungsaufgabe. Nomos Verlagsgesellschaft mbH & Co. KG, 2021. http://dx.doi.org/10.5771/9783748927679.
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Cybersecurity is a central challenge for many companies. On the one hand, companies have to protect themselves against cyberattacks; on the other hand, they have special obligations towards third parties and the state in critical infrastructures or when dealing with personal data. These responsibilities converge with company management. This volume examines the duties and liability risks of management in connection with cyber security from the perspective of corporate, constitutional and labour law. The volume is based on a conference of the same name, which took place in cooperation with the Friedrich Naumann Stiftung für die Freiheit on 23 and 24 October 2020 at Bucerius Law School in Hamburg. With contributions by Andreas Beyer, Marc Bittner, Alexander Brüggemeier, Anabel Guntermann, Katrin Haußmann, Dennis-Kenji Kipker, Christoph Benedikt Müller, Isabella Risini, Darius Rostam, Sarah Schmidt-Versteyl and Gerald Spindler.
19
McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. 14. Registered land and priorities. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0014.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the defences against pre-existing property rights that are available to a purchaser of registered land. It is concerned with priority rules in registered land. The LRA 2002 offers a distinct set of priority rules for one category of transaction: a registrable disposition of a registered estate for valuable consideration. The chapter analyses the priority rules applicable to such transactions, including the effect of limitations on owner's powers, entry of a land registry notice and the category of ‘overriding interests’, in relation to which there is no defence. The chapter concludes by examining the policy of the LRA 2002 to transactions that are tainted by fraud or wrongdoing that is not such as to invalidate the transaction. Such transactions may result, under the general law, in the imposition of personal liability on the registered proprietor, or the creation of new direct rights in favour of a third party.
20
Dignam, Alan, and John Lowry. 10. Derivative claims. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811831.003.0010.
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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines derivative action as a means of safeguarding minority shareholders against abuses of power and its implications for the principle of majority rule. It begins by analysing the rule in Foss v Harbottle (1843), which translates the doctrine of separate legal personality, the statutory contract, the ‘internal management principle’, and the principle of majority rule into a rule of procedure governing locus standi (that is, who has standing to sue), as well as the exceptions to that rule. It then considers various types of shareholder actions, including personal claims, representative actions (group litigation), and derivative claims. It also discusses derivative claims under the Companies Act 2006, with emphasis on the two-stage process of the application for permission to continue a derivative claim. The chapter concludes by assessing bars to a derivative action, together with liability insurance and qualifying third party indemnity provisions.
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Dignam, Alan, and John Lowry. 10. Derivative claims. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198753285.003.0848.
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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines derivative action as a means of safeguarding minority shareholders against abuses of power and its implications for the principle of majority rule. It begins by analysing the rule in Foss v Harbottle (1843), which translates the doctrine of separate legal personality, the statutory contract, the ‘internal management principle’, and the principle of majority rule into a rule of procedure governing locus standi (that is, who has standing to sue), as well as the exceptions to that rule. It then considers various types of shareholder actions, including personal claims, representative actions (group litigation), and derivative claims. It also discusses derivative claims under the Companies Act 2006, with emphasis on the two-stage process of the application for permission to continue a derivative claim. The chapter concludes by assessing bars to a derivative action, together with liability insurance and qualifying third party indemnity provisions.
22
Clarke, M. A., R. J. A. Hooley, R. J. C. Munday, L. S. Sealy, A. M. Tettenborn, and P. G. Turner. Commercial Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780199692088.001.0001.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This new edition includes discussion of new legislation, including: Consumer Rights Act 2015; Insurance Act 2015; Modern Slavery Act 2015; Small Business, Enterprise and Employment Act 2015; Third Parties (Rights against Insurers) Act 2010; Bribery Act 2010; Payment Services Regulations 2009. The text also has analysis of the latest developments in case law, including: Armstrong DLW GmbH v Winnington Networks Ltd and Devani v Republic of Kenya (on personal property law); Mohamud v WM Morrison Supermarkets plc (on vicarious liability); Kelly v Fraser and Thanakharn Kasikorn Thai Chamkat (Mahachon) v Akai Holdings Ltd (on apparent authority); Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd and European Ventures LLP v Cedar Capital Partners LLC (on agent's secret profits); Bailey v Angove's Pty Ltd (on irrevocable agencies); Cukurova Finance International v Alfa Telecom Turkey Ltd, Gray v G-T-P Group Ltd, and USA v Nolan (on the Financial Collateral Arrangements, No 2, Regulations). The book contains a new introductory section on the impact of Brexit on English commercial law. Insolvency coverage includes discussion of new out-of-court bankruptcy procedure, debt relief orders, and pre-pack administrations.