Tort law and Practice in Hong Kong, 4th Edition


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Tort law and Practice in Hong Kong, 4th Edition
Dec 2020
DUO (Print+eBook)

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Five years have passed since the previous edition of TLP. In that time there have been systemic legal and societal developments. We are in a time of change. Hong Kong has been a pioneer in establishing the principles for internet defamation. In Robinson, the Supreme Court of the United Kingdom, restated the test for a new duty of care. At the same time, it emphasised that government is subject to conventional tort law analysis. That means greater governmental accountability. Jurisdictions have revis+ited the core principles of vicarious liability. In the 20th century, tort law regulated industrialisation. In the 21st century, tort law will be shaped by the digital economy. The new edition of TLP both incorporates developments and makes a foray into digital torts. The changes include:

-   Ch 1 on nature of torts confronts the new paradigm of digital torts and the emergence of government liability.
-   Ch 3 considers how vicarious liability is moving beyond its traditional confines of an employment relationship and the revitalised role of non-delegable duties in a sharing economy.
- Ch 4 on negligence looks at how the test for a new duty of care is evolving in different jurisdictions and what new duties are claimed
- Ch6 on trespass to person expands on the issue of consent
- Ch 13 on rylands v fletcher considers the potential for strict liability torts re-emerging
- Ch 15 on breach of statutory duty incorporates the Australian approach
- Ch 20 on defamation recognises that most defamation is now online and the critical is becoming when an internet intermediary is liable.
-  Ch 24 on professional liability adds a number of professions
-  Ch 32 on misfeasance has been expanded into a chapter on public authority torts
-  A number of chapters have been tightened

Jurisdiction: Hong Kong