The Law of Torts

Candidates are required to have a sound knowledge and understanding of the principles of Tort. They are expected to have a comprehensive and detailed knowledge of the law relating to the following matters:-

  1. The nature and function of the Law of Tort.
  2. Causation (both factual and legal). Remoteness of damage: Novus Actus Interveniens and recklessness. The direct consequence and reasonable forseeability rules.
  3. Concurrent wrongdoers, joint and several tortfeasors.
  4. Negligence, including:-
    1. The duty and standard of care;
    2. Proof of negligence;
    3. Affirmative duties;
    4. Physical and economic loss;
    5. Nervous shock;
    6. Professional negligence;
    7. Negligence on the roads:
    8. Negligent care of children.
  5. Product liability.
  6. Occupiers’ liability.
  7. Employers’ liability.
  8. Public Authorities.
  9. Liability of Vendors, Lessors, Builders and Public Authorities for quality and fitness of purpose.
  10. Liability of the State.
  11. Vicarious Liability.
  12. Non delegable duties.
  13. Trespass to the person and trespass to land.
  14. Statutory Duties and Rights.
  15. Defamation.
  16. Nuisance (both public and private).
  17. The Rule in Rylands v. Fletcher.
  18. Liability for injuries caused by animals.
  19. Liability for fire.
  20. Passing Off.
  21. Fatal Injuries and Survival of Actions on Death.
  22. Damages.
  23. Defences (contributory negligence, assumption of risk, and illegality (ex turpi causa).
  24. Limitation of actions; accrual of causes of action; multiplicity of actions; survival of causes of action.

Candidates will be expected to be familiar and to demonstrate familiarity, with the underlying statutory foundation to each ingredient of the prescribed syllabus in cases where such statutory foundations exist. Candidates must also demonstrate familiarity with appropriate case law.

RECOMMENDED READING
McMahon & Binchy, Casebook on the Irish Law of Torts, 3rd Edition, (2005), Tottel.
McMahon & Binchy, Irish Law of Torts, 4th Edition, (2013), Bloomsbury.
Quill, Torts in Ireland, 4th Edition, (2014), Gill & Macmillan.

SUPPLEMENTAL READING
LRC Consultation Paper on Limitation of Actions (LRC CP 54 – 2009).
Brennan & Hennessy, Forensic Accounting, (2001), Round Hall - chapter 12.
Byrne, Safety, Health and Welfare at Work Law in Ireland, 2nd Edition, (2008) NIFAST.
Canny, Limitation of Actions, 2nd Edition, (2016) Round Hall.
Carolan & O’Neill, Media Law in Ireland (2010) Bloomsbury (Chapters 6 & 7).
Casey, Brady, Craven & Dillon, Psychiatry and the Law, 2nd Edition, (2010) Blackhall Publishing.
Cox & McCullogh, Defamation: Law and Practice, (2014) Clarus Press.
Craven & Binchy, Civil Liability and Courts Act 2004, (2005) First Law.
Dorgan & McKenna, Damages (2015) Round Hall.
Healy, Medical Malpractice Law (2009) Round Hall.
Holohan & Curran, Lawyers’ Professional Negligence and Insurance, (2012) Round Hall.
Jennings, Scannell & Sheehan, The Law of Personal Injuries 2nd Edition, (2016) Round Hall.
Kelly, Neighbours and the Law (2012) Clarus Press.
Kerr, The Civil Liability Acts 5th Edition, (2017) Round Hall.
Maher, The Law of Defamation (2011) Round Hall.
Shannon, Health and Safety Law and Practice 2nd Edition, (2007) Round Hall.
Tully, Tort Law in Ireland (2014) Clarus Press.
Witting, Street on Torts 15th Edition, (2018) OUP.

Candidates should consult Byrne & Binchy, Annual Review of Irish Law, (published since 1987) and the chapters on Ireland in the European Centre of Tort and Insurance Law Yearbooks (published since 2001, see http://www.ectil.org/ for recent developments in Ireland).