Outdoor Activities, Negligence and the Law

ISBN-13: 9780754642350 / Angielski / Twarda / 2005 / 288 str.

Julian Fullbrook

Opis

Recent years have witnessed several tragedies during school and youth expeditions. This in turn has led to legislation and the tight regulation of Outdoor Activity Centres, with successive governments issuing guidelines for teachers and others supervising such activities. Inevitably there will always be risk in relation to adventurous pursuits in the outdoors, but the law in this area seeks a balance between the educational benefits gained and the need to safeguard against potential hazards. Mythologies have arisen, including the suggestion that a 'blame culture' is so overwhelming that no youth worker or teacher can sensibly engage anymore in such activities. This succinct guide to the legal position refers to a wide range of outdoor activities and recent legal cases. It demolishes some of the myths, pointing out common pitfalls noted in the research and in the litigation, together with an outline of robust safety features to combat potential hazards.

Recenzje

'This timely and important book helps to correct some of the myths of our "compensation culture". It offers a fascinating account of the cases by providing the practical background to the taking of risk. The book will be essential reading not only for lawyers seeking the wider social and historical context of their work, but also for all those involved in providing young people with the experiences of life.' Professor Richard Lewis, Cardiff Law School, UK 'Outdoor Activities, Negligence and the Law , is particularly timely given the debate raging around the "compensation culture"...Fulbrook has risen to a substantial challenge in writing this book. It focuses on a major, but under-investigated area of tort practice, and it addresses that area in a manner which reflects the underlying, and wider, concerns...it blends law and common sense with substantial research...In short, Fulbrook's book has a genuine claim to be the most important (and timely) piece of torts scholarship to be produced in recent years.' Common Law World Review '...Fulbrook points the way to a reflective approach to risks and precautions, based above all on formal risk assessment. His book will certainly appeal to organizers of outdoor activities seeking guidance as to their legal responsibilities, but it may also be read with profit by those with a broader interest in the tort system.' European Tort Law Yearbook '...Fulbrook brings together considerable detail about a great many incidents. He is an engaging narrator, and the anecdotes that illustrate every point and nuance make the book readable, informative and also an important contribution to safety in the outdoors...The outdoor field owes Fulbrook a debt of gratitude for this excellent contribution.' Australian Journal of Outdoor Education

Spis treści

Contents: Introduction. Providers and Participants: Lyme Bay, the legislation and licensing; Learning the lessons: schools; Learning the lessons: the voluntary sector. The Legal Principles: The all-important duty of care; The breach of standards of care; Defences. Practical Applications: Risk and the outdoors; Planning and people; Facilities, equipment and clothing; Conclusion; Table of cases; Select bibliography; Index.

O autorze

Julian Fulbrook is a Barrister and the Dean of Graduate Studies at the London School of Economics and Political Science, UK.