ABSTRACT
This chapters reviews for the purpose of clarity with different areas emphasised. However as you will know by now the concepts of duty, breach, causation and the general defences all form key components of forming liability in the law of negligence. It considers the limits posed on the existence of a duty of care when considering recovery for psychiatric injury, the liability of the emergency services as well as the policy implications of the 'compensation culture' phenomena. There is an interesting debate about the existence of the tort of misfeasance of public office, in terms of its usefulness, its relationship to other intentional torts such as false imprisonment, and the rule on proving damage as a consequence. The Law Commission Consultation Paper 'Administrative redress: public bodies and the citizen' (LCCP 187, 2008) debated whether it should be abolished, and replaced with another fault based liability heading.
