Bryan M E McMahon (Author) , William Binchy (Author)

Published: 18 Dec 2025
Format: Hardback
Edition: 5th
ISBN: 9781526529862
Imprint: Bloomsbury Professional

"The virtual acceptance of this work ... is the surest testimony to the great worth of this textbook."
[2001] 01 The Irish Judicial Studies Journal, review of the third edition, Mr Justice Iarflaith O'Neill

First published in 1980, McMahon and Binchy on the Law of Torts has long been a cornerstone work in Irish law. The Fifth Edition remains an essential resource for both practitioners and students.

This peerless examination of Irish tort law has been extensively revised and analyses the significance of such decisions as:

Nolan v Wirenski [2016] IECA 56 (damages)
Cantrell v Allied Irish Banks plc [2020] IESC 71 (limitations)
Ruffley v Board of Management of St Anne's School [2017] IESC 33 (workplace bullying)
Cromane Seafoods Ltd v Minister for Agriculture, Fisheries and Food [2016] IESC 6 (legitimate expectation)
Whelan v Allied Irish Banks Ltd [2014] IESC 3 (duty of care)
University College Cork v Electricity Supply Board [2020] IESC 38 (negligence)

Key legislation is also examined, such as:

Data Protection Act 2018
Protected Disclosures Act 2014
Protected Disclosures (Amendment) Act 2022
Personal Injuries Resolution Board Act 2022
Consumer Rights Act 2022
Courts and Civil Law (Miscellaneous Provisions) Act 2023

This title is included in Bloomsbury Professional's Irish Civil Litigation online service.

Table of Contents
1 Overview of the Law of Torts
2 Causation
3 Remoteness
4 Concurrent Wrongdoers: Joint and Several Tortfeasors
5 Negligence
6 The Duty of Care
7 The Standard of Care
8 Affirmative Duties
9 Proof of Negligence
10 Negligence and Economic Loss
11 Manufacturers' and Producers' Liability for Defective Products
12 Occupiers' Liability
13 Liability of Vendors, Lessors and Builders for Quality and Fitness of Premises
14 Professional Negligence
15 Negligence on the Roads
16 Negligent Care of Children
17 Negligently Inflicted Psychiatric Damage
18 Employers' Liability
19 Public Authorities
20 Defences
21 Statutory Duties and Rights
22 Trespass to the Person
23 Trespass to Land
24 Nuisance
25 The Rule in Rylands v Fletcher
26 Liability for Fire
27 Liability for Injuries caused by Animals
28 Trespass to Goods
29 Detinue
30 Conversion
31 Passing Off
32 Torts Affecting Business Relations
33 Torts Affecting Family Relations
34 Defamation
35 Deceit and Injurious Falsehood
36 Misuse of Process
37 The Right to Privacy
38 Liability of the State
39 Corporations, Partnerships, Unincorporated Bodies and Trade Unions
40 Minors and Mentally Ill Persons
41 Survival of Actions on Death
42 Fatal Injuries
43 Vicarious Liability
44 Damages
45 Injunctions
46 Limitations