Law of Torts
Fourth Edition
,To Mary and Alice
, Law of Torts
Fourth Edition
by
BRYAN M E MCMAHON
BCL, LLB, LLM (Harvard), PhD, LLD (hc)
Former Judge of the High Court
Former Professor of Law, University College Cork
and
WILLIAM BINCHY
MA, BCL, LLM, FTCD
Barrister at Law
Former Regius Professor of Laws, Trinity College Dublin
, Published by
Bloomsbury Professional
Maxwelton House
41–43 Boltro Road
Haywards Heath
West Sussex
RH16 1BJ
Bloomsbury Professional
The Fitzwilliam Business Centre
26 Upper Pembroke Street
Dublin 2
ISBN: 9781847669179
© Bloomsbury Professional Limited 2013
Bloomsbury Professional, an imprint of Bloomsbury Publishing Plc
All rights reserved. No part of this publication may be reproduced in any material form (including
photocopying or storing it in any medium by electronic means and whether or not transiently or
incidentally to some other use of this publication) without the written permission of the copyright
owner except in accordance with the provisions of the Copyright, Designs and Patents Act 1988 or
under the terms of a licence issued by the Copyright Licensing Agency Ltd., Saffron House, 6–10
Kirby Street, London, EC1N 8TS, England. Applications for the copyright owner’s written
permission to reproduce any part of this publication should be addressed to the publisher.
Warning: The doing of an unauthorised act in relation to a copyright work may result in both a civil
claim for damages and criminal prosecution.
While every care has been taken to ensure the accuracy of this work, no responsibility for loss or
damage occasioned to any person acting or refraining from action as a result of any statement in it
can be accepted by the authors, editors or publishers.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Typeset by Marlex Editorial Services Ltd, Dublin, Ireland
Printed and bound in Great Britain by
CPI Group (UK) Ltd, Croydon, CR0 4YY
Fourth Edition
,To Mary and Alice
, Law of Torts
Fourth Edition
by
BRYAN M E MCMAHON
BCL, LLB, LLM (Harvard), PhD, LLD (hc)
Former Judge of the High Court
Former Professor of Law, University College Cork
and
WILLIAM BINCHY
MA, BCL, LLM, FTCD
Barrister at Law
Former Regius Professor of Laws, Trinity College Dublin
, Published by
Bloomsbury Professional
Maxwelton House
41–43 Boltro Road
Haywards Heath
West Sussex
RH16 1BJ
Bloomsbury Professional
The Fitzwilliam Business Centre
26 Upper Pembroke Street
Dublin 2
ISBN: 9781847669179
© Bloomsbury Professional Limited 2013
Bloomsbury Professional, an imprint of Bloomsbury Publishing Plc
All rights reserved. No part of this publication may be reproduced in any material form (including
photocopying or storing it in any medium by electronic means and whether or not transiently or
incidentally to some other use of this publication) without the written permission of the copyright
owner except in accordance with the provisions of the Copyright, Designs and Patents Act 1988 or
under the terms of a licence issued by the Copyright Licensing Agency Ltd., Saffron House, 6–10
Kirby Street, London, EC1N 8TS, England. Applications for the copyright owner’s written
permission to reproduce any part of this publication should be addressed to the publisher.
Warning: The doing of an unauthorised act in relation to a copyright work may result in both a civil
claim for damages and criminal prosecution.
While every care has been taken to ensure the accuracy of this work, no responsibility for loss or
damage occasioned to any person acting or refraining from action as a result of any statement in it
can be accepted by the authors, editors or publishers.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Typeset by Marlex Editorial Services Ltd, Dublin, Ireland
Printed and bound in Great Britain by
CPI Group (UK) Ltd, Croydon, CR0 4YY