2 - The theory of tort

Question 1

Policy decisions

Answer 1

Deciding whether to impose duty in an area not previously dealt with

Question 2

Factors affecting policy decisions

Answer 2

loss allocation - who can afford to bear the loss ect
floodgates - will impose liability lead to a high volume of new claims?
impact of imposing liability - will essential funds be moved to fund legal claims

Question 3

When may issues in imposing a duty arise?

Answer 3

When involving publicly funded services such a the police, authorities, CPS ect

Question 4

Robinson V chief constable of west yorkshire 2018

Answer 4

The judge states that police ect can be liable for tortious conduct that occurred in the course of investigating or preventing a crime

Question 5

Pure economic loss

Answer 5

If this was actionable, there would be no reasonable limit to a D’s liability and courts would be overwhelmed

Question 6

Psychiatric injury has been considered as less serious-than physical, why?

Answer 6

fear of -
opening the floodgates
potential for fraudulent claims
problems with proof of diagnosis including its cost

Question 7

Nature and purpose of vicarious liability

Answer 7

exists mainly due to the fact employers have the deepest pockets

Question 8

Reasonable person test

Answer 8

– the Defendants actions are always compared to those that a “reasonable person” would take
Vaughan v Menlove 1837
D built a haystack on the border of his property. They haystack caught fire and spread to the claimants barn, stables and house

Question 9

Granting injunctions –

Answer 9

Injunction - an order stopping (prohibiting) someone to do something
Used in nuisance and trespass
The court balances the social usefulness to the injunction against the “harm” caused to the claiman