By J. S. Colyer and W. A. J. Farndale (Auth.)
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V. )2 §7. JOINT TORTFEASORS 1. Who are joint tortfeasors? 413. C. ). If the infant himself had been injured in the accident, he also would have been able to sue the school authority, as Lord Reid pointed out. 2 24 PARTIES TO THE ACTION more) persons for compensation for the same injury. We have mentioned (1) authorisation, (2) vicarious liability and (3) the limited degrees of liability, for the acts of independent contractors. To this list we must add first those defendants who combine in a joint venture.
5 Lawyers would call this "pleading matters in confession and avoidance". c 45 2 46 GENERAL DEFENCES TO ACTIONS IN TORT In this book the word "defence" is used only to mean a rule of law of the type referred to in (4) above. But in the pleading which he files denying liability (called his "Defence" with a capital D) the defendant may raise any of the possibilities listed above. As a result, all four are often called "defences". This introduces confusion, for clearly "defences" of type (4) belong to a very different category to straight denials of the plaintiff's allegations.
Malice" is a term with many meanings. Firstly, it is often used to mean "spitefully" or "with ill-will". Like other motives, malice in this sense is invariably irrelevant. Mr. Pickles was annoyed at the Bradford Corporation's refusal to purchase some land from him at the inflated price he demanded. In order to force their hand, he sank a shaft on his land, which interfered with water percolating from higher land belonging to the Corporation. The Corporation unsuccessfully sought an injunction to restrain him from polluting and diminishing their water.
A Modern View of the Law of Torts by J. S. Colyer and W. A. J. Farndale (Auth.)
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