Charlesworth & Percy on Negligence
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By: John Charlesworth, C. T. Walton
This title provides a definitive explanation of the torts of negligence and nuisance. It covers both common law and statutory duty, and examines general principles, covering duty of care, liability, and causation.
AI Overview
"Charlesworth & Percy on Negligence" is a comprehensive legal text that provides in-depth analysis and guidance on the tort of negligence. Here is a detailed overview of the book:
Key Themes and Structure
The book is divided into several parts, each addressing a specific aspect of negligence:
Part I: General Principles
- The Meaning of Negligence: Exploring the fundamental concepts of negligence.
- The Duty to Take Care: Discussing the duty of care and its implications.
- Principal Defences and Discharges from Liability: Examining defenses and discharges related to negligence.
- Damages: Covering the various types of damages that can be awarded in negligence cases.
- Proof of Actionable Negligence: Providing guidance on proving actionable negligence.
Part II: Standard of Care
- The Standard of Care: Analyzing the standard of care expected in different contexts.
- Dangerous Premises: Focusing on liability related to dangerous premises.
- Persons Professing Some Special Skill: Examining the duty of care for professionals with specialized skills.
- Highways and Transport: Discussing negligence in the context of highways and transportation.
- Employment at Common Law: Addressing employment-related negligence.
Part III: Statutory Duty
- Liability for Breach of Statutory Duty: Exploring liability arising from breaches of statutory duties.
Part IV: Absolute or Strict Liability
- Dangerous Things: Rylands & Fletcher: Discussing absolute or strict liability in cases involving dangerous things.
- Animals: Examining liability related to animals.
- Products Liability: Covering liability for defective products.
Part V: Death
- Death and Causes of Action: Addressing issues related to death and actionable negligence.
Part VI: Miscellaneous Matters
- Insurance and Other Compensation Schemes: Discussing insurance and other compensation schemes relevant to negligence.
Critical Reception
The book has received high praise for its comprehensive and authoritative coverage of the complex area of negligence law. Here are some key points from the critical reception:
- Authoritative Source: The book is frequently cited in court and has been described as ‘the standard work par excellence’ by Lord Denning in the foreword to the eighth edition.
- Up-to-Date Information: It provides up-to-date, reliable information essential for busy lawyers dealing with risk assessment, drafting court documents, and liability and settlement negotiations.
- Expert Editorial Team: The 15th edition is supported by a distinguished team of associate editors with wide-ranging expertise, necessary in a field with many specialist practice areas.
Editions and Supplements
The book has been published in multiple editions, with the 15th edition being the latest. It also includes a 2nd supplement, which provides additional updates and analysis.
Availability
The book is available in both print and eBook formats, making it accessible to practitioners and academics alike. It is published by Sweet & Maxwell and is priced at £360 for the 15th edition.
Summary
"Charlesworth & Percy on Negligence" is a definitive guide to the tort of negligence, offering unrivaled depth of analysis and practical case law illustrations. Its comprehensive structure and authoritative content make it an essential resource for practitioners, academics, and students dealing with complex negligence cases.