Charlesworth & Percy on Negligence, 13th Edition


Charlesworth & Percy on Negligence, 13th Edition

Author His Honour Judge Christopher Walton (General Editor); Roger Cooper, Stephen Todd, Daniel Edwards, Philip Kramer (Editor)
Publication Date 2017
ISBN 9780414052789
Publisher Sweet & Maxwell Ltd


A caveat warns persons who wish to conduct business with a property owner that the property is subject to other claims. It's a frequent method used in everyday land conveyancing and registration to protect alleged and proved interests in property, as well as interests that haven't yet become genuine interests in land.

This book is for attorneys who deal with land matters in Sarawak. Because Sarawak's processes differ from those in Peninsular Malaysia, the book seeks to provide practical answers to the problems. The study and discussion of caveatable interests in a number of transactional situations will be extremely beneficial to practitioners.

This revised version of the book incorporates the most recent developments in case law.

  • The 3rd Supplement was published in August 2017
  • The 2nd Supplement was published in August 2016
  • The 1st Supplement was published in August 2015
  • The Main Work was published in August 2014

Chapter Revisions

  • Combination of the chapters on Causation and Remoteness with a major re-writing of the text in relation to both.
  • Moving of the discussion of the practical aspects of proof to the start of the Damages chapter.

Important decisions in the Supreme Court:

  • Various Claimants v Catholic Care Society (Vicarious liability)
  • Jones v Kaney (Witness immunity)
  • Woodland v Essex CC (Non delegable duties of care)
  • Smith v Ministry of Defence (The extent of the doctrine of combat immunity)
  • Dunhill v Burgin (Capacity to litigate)

Key Court of Appeal decisions:

  • Chandler v Cape plc (Liability of a parent company for injury to the employee of a subsidiary)
  • Selwood v Durham County Council (Liability of an NHS Trust for injury to a third party inflicted by the patient of a doctor employed by the Trust)
  • Lambert v Barratt Homes Ltd (The duty of an occupier who becomes aware of a danger on his land which threatens his neighbour’s property)

Charlesworth & Percy on Negligence is the title that provides unrivalled depth of analysis of the torts of negligence and nuisance. It remains the number 1 title as it:

  • Sets out the general principles, covering duty of care, liability and causation
  • Deals with both the standard of care in different situations and areas where strict liability applies
  • Explains what remedies may be available, including damages
  • Focuses on both established areas and developing areas such as psychiatric injuries
  • Provides an essential reference for every negligence case whether it is to do with personal injury, property, or product liability
  • Helps you to establish whether a duty of care exists and if it has been breached, helping you to assess quickly and with confidence whether a cause for action exists
  • Updates you with new statutory duties which means you will know exactly how recent changes apply
  • Shows, through a detailed analysis of case law, how the principles work in specific situations and sets out the implications of new developments to help you take a view on your particular case
  • Covers UK and Commonwealth jurisdictions, letting you see how the law of negligence has been applied in multiple jurisdictions

TABLE OF CONTENTS of Charlesworth & Percy on Negligence

Part I: General Principles

  • The Meaning of Negligence
  • The Duty to Take Care
  • Principal Defences and Discharges from Liability
  • Damages
  • Proof of Actionable Negligence

Part II: Standard of Care

  • The Standard of Care
  • Dangerous Premises
  • Persons Professing Some Special Skill
  • Highways and Transport
  • Employment at Common Law

Part III: Statutory Duty

  • Liability for Breach of Statutory Duty

Part IV: Absolute or Strict Liability

  • Dangerous Things: Rylands & Fletcher
  • Animals
  • Products Liability

Part V: Death

  • Death and Causes of Action

Part VI: Miscellaneous Matters

  • Insurance and Other Compensation Schemes

More law books on Charlesworth & Percy on Negligence: Common Law Library

ISBN: 9780414052789

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