Law of Torts

by Bryan M E McMahon, William Binchy

Overview

This is the eagerly awaited new edition of Law of Torts, the complete Irish tort law reference book. For this, the contents have been extensively revised since the last edition was published in 2000. Key developments are detailed and relevant recent case law is examined. This book is essential for both legal practitioners and people studying Irish law.

Recent important legislation examined in the book includes: Criminal Law (Defence and the Dwelling) Act 2011, Civil Law (Miscellaneous Provisions) Act 2011, Defamation Act 2009, Consumer Protection Act 2007, Civil Liability and Courts Act 2004 and Personal Injuries Assessment Board Act 2003.

Key developments and case law are examined in areas such as pure economic loss, limitations and purchase of financial products, vicarious liability for sexual assaults, damages, privacy, defamation, psychiatric injury, liability of public authorities, employers' liability, professional negligence, defective buildings and products and occupiers' liability. First published in 1980, Law of Torts has long been a cornerstone work in Irish law, indeed in the foreword to the first edition Judge Brian Walshe noted that the book represented a challenge to the 'unquestioned assumption that English text-books would satisfy all needs.' This new addition will only add to the book's long-established merit and value.
This title is included in Bloomsbury Professional's Irish Civil Litigation online service.

Product Details

ISBN-13:	9781780438849
Publisher:	Bloomsbury Publishing
Publication date:	04/23/2015
Sold by:	Barnes & Noble
Format:	eBook
Pages:	2034
File size:	3 MB

About the Author

Bryan McMahon, former judge of the High Court, received his BCL and LLB degrees from University College Dublin before accepting a fellowship to Harvard Law School, where he was awarded the LLM in 1965. Mr Justice McMahon was subsequently Professor of Law and Head of the Department of Law in University College Cork for 20 years. In 1987, he went into private legal practice, while holding a part-time professorship at University College Galway. In 1999 he was appointed to the Bench as a Judge of the Circuit Court and in 2007 to the High Court, from which he retired in April 2011. Mr Justice McMahon has co-authored many legal texts, including Law of Torts, Casebook on Irish Law of Torts, European Community law in Ireland, etc. Mr Justice McMahon has chaired, at the request of the government, The National Crime Forum, the National Archives Advisory Council, and Referendums for the Amendment of the Constitution. He has lectured extensively in Europe and USA on a variety of legal topics. He is currently Chair of the Governing Body of University College Cork, and a former Chairman of the Abbey Theatre, Ireland's national theatre. He was awarded an LL.D (honoris causa) by University College, Dublin in 2012.

William Binchy is a practising barrister. He was Special Legal Advisor to the Irish Department of Justice (1974–1976), Research Counsellor to the Law Reform Commission (1976–1992), Regius Professor of Laws, Trinity College Dublin (1992–2012), Commissioner, Irish Human Rights Commission (2001–2011), Visiting Fellow, Corpus Christi College Cambridge (Michaelmas term, 2002) and Visiting Fellow, Institute of European and Comparative Law, Oxford (June, 2011).
William Binchy BA BCL LLM (NUI) MA (DUBL) FTCD (1995), Barrister-at-Law.

William Binchy is a practising barrister. He was Regius Professor of Laws at Trinity College, Dublin from 1992 to 2012 and continues to lecture on its Master of Laws Degree programme. He was formerly a special legal adviser on family law reform to the Irish Department of Justice and Research Counsellor to the Law Reform Commission. He was a Commissioner with the Irish Human Rights Commission for two terms, from 2000 to 2011.

He was Visiting Fellow at Corpus Christi College, Cambridge (Michaelmas Term 2002) and Visiting Fellow at the Institute of European and Comparative Law, Oxford (June 2011). He has authored, co-authored and co-edited books on private international law, torts and family law, and acts as expert witness in private international law in litigation throughout Europe.
He has represented Ireland at the Hague Conference on Private International Law on the themes of marriage and inter-country adoption and the Irish Human Rights Commission at the United Nations during the formulation of the UN Convention on the Rights of Persons with Disabilities. He was a member of the Hederman Committee on the Offences Against the State Acts.

He has acted as consultant to the Irish Department of Foreign Affairs in relation to the Timor-Leste judicial system and is editor of a book on comparative aspects of the Timorese legal system. He has organised an annual workshop at Trinity College Dublin for African Chief Justices and senior judiciary and has co-edited books on comparative aspects of the legal systems of South Africa, Tanzania and Botswana.

Table of Contents

Overview of the Law of Torts;
Causation;
Remoteness;
Concurrent Wrongdoers: Joint and Several Tortfeasors;
Negligence;
The Duty of Care;
The Standard of Care;
Affirmative Duties;
Proof of Negligence;
Negligence and Economic Loss;
Manufacturers' and Producers' Liability for Defective Products;
Occupiers' Liability;
Liability of Vendors, Lessors and Builders for Quality and Fitness of Premises;
Professional Negligence;
Negligence on the Roads;
Negligent Care of Children;
Negligently Inflicted Psychiatric Damage;
Employers' Liability;
Public Authorities;
Defences;
Statutory Duties and Rights;
Trespass to the Person;
Trespass to Land;
Nuisance;
The Rule in Rylands v Fletcher;
Liability for Fire;
Liability for Injuries caused by Animals;
Trespass to Goods;
Detinue;
Conversion;
Passing Off;
Torts Affecting Business Relations;
Torts Affecting Family Relations;
Defamation;
Deceit and Injurious Falsehood;
Misuse of Process;
The Right to Privacy;
Liability of the State;
Corporations, Partnerships, Unincorporated Bodies and Trade Unions;
Minors and Mentally Ill Persons;
Survival of Actions on Death;
Fatal Injuries;
Vicarious Liability;
Damages;
Injunctions;
Limitations.

Editorial Reviews

McMahon and Binchy remains the textbook of choice for litigators. The authors are no longer the young Turks they were when they broke new ground in the early 1980s. However, in the words of a Supreme Court judge, they remain 'brilliant examples of the academics who emerged from a new generation of lawyers.'” —The Law Society Gazette

From the Publisher