Clerk & Lindsell on Torts

"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 most recent being the 24th edition. Here is a detailed overview of the book, including key themes, its structure, and critical reception:

Key Themes

1. Coverage of Tort Law: The book provides an unrivalled breadth and depth of coverage on all areas of tort law. It includes topics such as 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 and Liability: It sets out both general principles of liability and causation, as well as detailed rules affecting liability in tort.

3. Defences in Tort: The book explains in detail various general 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.

Structure

The book is structured to cover a wide range of topics in tort law. Here is a brief outline of the chapters:

• Chapter 1: Principles of Liability in Tort
• Chapter 2: Causation in Tort: General Principles
• Chapter 3: General Defences
• Chapter 4: Joint Liability and Contribution
• Chapter 5: Capacity and Parties
• Chapter 6: Vicarious Liability
• Chapter 7: Negligence
• Chapter 8: Breach of Statutory Duty
• Chapter 9: Professional Liability
• Chapter 10: Product Liability and Consumer Protection
• Chapter 11: Occupiers’ Liability and Defective Premises
• Chapter 12: Employers’ Liability
• Chapter 13: Public Service Liability
• Chapter 14: Trespass to the Person
• Chapter 15: Malicious Prosecution
• Chapter 16: Wrongful Interference with Goods
• Chapter 17: Deceit
• Chapter 18: Trespass to Land and Dispossession
• Chapter 19: Nuisance and Rylands v Fletcher
• Chapter 20: Animals
• Chapter 21: Defamation
• Chapter 22: Malicious Falsehood
• Chapter 23: Economic Torts
• Chapter 24: Statutory Intellectual Property Rights
• Chapter 25: Passing off
• Chapter 26: Breach of Confidence and Privacy
• Chapter 27: Damages
• Chapter 28: Injunctions
• Chapter 29: Self-Help
• Chapter 30: Discharge of Torts
• Chapter 31: Limitation

Critical Reception

The book has been praised for its comprehensive coverage and authoritative knowledge in the field of tort law. Here are some key points from the available sources:

• Practitioner-Oriented: The 11th edition of the book was noted for being a source-book for practitioners, written mostly by practitioners. However, it contained inaccuracies and should be referred to with caution.

• Authoritative and Up-to-Date: The 24th edition is described as providing unrivalled breadth and depth of coverage on all areas of tort law, making it an essential resource for legal professionals.

In summary, "Clerk & Lindsell on Torts" is a seminal work in the field of tort law, offering a comprehensive and authoritative guide to all aspects of tort law. Its detailed chapters and extensive coverage make it a crucial resource for legal practitioners and scholars alike.