By J. S. Colyer and W. A. J. Farndale (Auth.)
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Extra resources for A Modern View of the Law of Torts
This book sets out the elements of the law of torts, classified according to the interest protected, because I believe that the elements of the law of torts are most easily learned that way, and that by this method of presentation an overall picture of torts can be gained after a very short period of study. There is no other reason for adopting this method; and you should certainly refer to books which approach the subject in a more traditional way in order to get a view of the law both from the plaintiff's and from the defendant's viewpoint.
Hedley Byrne v. Heller & Partners Ltd. )2 (9) The defendant, a pedestrian, went to cross a road. Without looking to see whether it was safe to do so, he stepped out into the road, and straight into the path of a motor scooter. The driver of the motor scooter died as a result of the injuries he received in the accident. His widow sued under the Fatal Accidents Act, and the pedestrian was held to be liable to compensate her. Barry v. 3 The Hedley Byrne Case is especially important. For a long time it was thought that the duty of care in respect of pecuniary (as opposed to physical) injuries arose only in respect of acts and not in respect of words.
Duty" is a term of relation, that is to say that a duty must be owed by A to B. A duty cannot exist without a person to whom it is owed. Robinson Crusoe owed no duties in tort to anybody (before Man Friday appeared) when on his desert island. He could hurl stones around as carelessly as his fancy led him, without liability. It is sometimes the case that A owes a duty of care to B, but not to C; and A is in breach of his duty in care to B, but B suffers no injury, so that (as we shall see) there is no negligence by A so far as B is concerned.
A Modern View of the Law of Torts by J. S. Colyer and W. A. J. Farndale (Auth.)