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AI Overview

"Clerk & Lindsell on Torts" is a comprehensive treatise on tort law, authored by John Frederic Clerk and William Harry Barber Lindsell. The book has undergone numerous editions, with the latest being the 24th edition, which includes a first supplement. Here is a detailed overview of the book:

Key Themes

  1. Comprehensive Coverage: The book covers all areas of tort law, including joint liability, vicarious liability, capacity and parties, negligence, breach of statutory duty, professional liability, product liability, occupiers' liability, employers' liability, public service liability, and more.
  2. General Principles: It sets out the fundamental concepts of responsibility and causation in tort law, providing a solid foundation for understanding liability principles.
  3. General Defences: The book explains in detail various defences such as claimant’s wrongdoing, consent, assumption of risk, exclusion of liability, and miscellaneous defences.
  4. Statutory Intellectual Property Rights: It discusses statutory IP rights and passing off, including breach of confidence and misuse of private information.
  5. Damages and Remedies: The book deals extensively with damages and other remedies, including injunctions.

Plot Summary

The book is structured into multiple chapters, each focusing on a specific aspect of tort law. The chapters cover:

  • Principles of Liability in Tort: This chapter lays out the foundational principles of liability in tort law.
  • Causation in Tort: It explores the general principles of causation in tort cases.
  • General Defences: This chapter discusses various defences that can be raised in tort cases.
  • Joint Liability and Contribution: It examines the principles of joint liability and contribution.
  • Capacity and Parties: This chapter addresses the capacity of parties involved in tort cases.
  • Vicarious Liability: It delves into the concept of vicarious liability.
  • Negligence: The book provides a detailed analysis of negligence in tort law.
  • Breach of Statutory Duty: It covers the legal implications of breaching statutory duties.
  • Professional Liability: This chapter focuses on the liability of professionals.
  • Product Liability and Consumer Protection: It discusses product liability and consumer protection laws.
  • Occupiers’ Liability and Defective Premises: This chapter addresses the liability of occupiers and defective premises.
  • Employers’ Liability: It examines the liability of employers.
  • Public Service Liability: This chapter covers the liability of public services.
  • Trespass to the Person: It discusses trespass to the person, including assault, battery, and false imprisonment.
  • Malicious Prosecution: This chapter addresses malicious prosecution.
  • Wrongful Interference with Goods: It explores wrongful interference with goods.
  • Deceit: The book provides a detailed analysis of deceit.
  • Trespass to Land and Dispossession: This chapter covers trespass to land and dispossession.
  • Nuisance and Rylands v Fletcher: It discusses nuisance and the Rylands v Fletcher case.
  • Animals: This chapter addresses liability related to animals.
  • Defamation: It covers defamation laws.
  • Malicious Falsehood: This chapter addresses malicious falsehood.
  • Economic Torts: The book explores economic torts.
  • Statutory Intellectual Property Rights: It discusses statutory IP rights and passing off.
  • Breach of Confidence and Privacy: This chapter addresses breach of confidence and privacy.
  • Damages: The book provides a comprehensive overview of damages in tort cases.
  • Injunctions: It discusses injunctions as a remedy in tort cases.
  • Self-Help: This chapter covers self-help remedies.
  • Discharge of Torts: It examines the discharge of torts.
  • Limitation: The final chapter addresses limitation periods in tort cases.

Critical Reception

The book has been widely praised for its comprehensive coverage and detailed analysis of tort law. The 11th edition, for example, was noted for being a source-book for practitioners, written mostly by practitioners, but it also contained inaccuracies and required caution when referring to it. The later editions have been updated to include recent case law and have been well-received for their breadth and depth of coverage.

In summary, "Clerk & Lindsell on Torts" is a seminal work in the field of tort law, providing a thorough and authoritative guide to all aspects of tort law. Its comprehensive coverage, detailed analysis, and inclusion of recent case law make it an indispensable resource for legal practitioners and scholars alike.