C. Tort Law

Question 1

Law of obligations

Answer 1

Contract law, unjust enrichment, tort law

Question 2

Tort

Answer 2

Civil wrong rather than criminal wrongdoing

Question 3

Tort law

Answer 3

Concerned with protection of certain private interests against certain types of wrongful conduct

Question 4

Tortfeasor

Answer 4

Defendant, may be natural or legal person

Question 5

Trespass to the person forms (intentional torts)

Answer 5

Battery - physical
Assault - scare
False imprisonment - restraint on liberty

Question 6

Defence to intentional torts

Answer 6

Consent - explicit or implied permission
Inevitable accident - car accident
Defence of person - self defence
Defence of property - reasonable force to protect one's property
Necessity - medical care to person
Lawful arrest, search, seizure

Question 7

Negligence

Answer 7

Breach of duty of care owed by one party to the other

Question 8

For negligence to be successful…

Answer 8

1. Duty of care recognised
2. Breach of duty of care
3. Damage resulting from breach

Question 9

Neighbour principle

Answer 9

Neighbour defined as person so closely and directly affected by act that it is foreseeable

Question 10

Nervous shock

Answer 10

Allowed when psychiatric injury can be connected to claim for personal injury only when leads to recognisable medical conditions, like depression, personality change, PTSD

Question 11

Objective test for breach of duty of care

Answer 11

Reasonableness - whether defendant acted as reasonable person would have in this situation
Res ipsa loquitur

Question 12

Defences to negligence

Answer 12

Contributory negligence - claimant is also at fault for injury
Assumption of risk - claimant voluntarily assumed risk

Question 13

Statutory product liability

Answer 13

Strict liability for consumer products. Requires:
1. Product
2. Damages
3. Defect
4. Causation
Producer held liable and not seller

Question 14

Occupier’s liability

Answer 14

Occupier (host) owes duty of care to all visitors. Visitors can be invited or non-invited

Question 15

Nuisance liability

Answer 15

Private nuisance - acts of defendant in unreasonable way interfere with claimants use or enjoyment of land
Public nuisance - materially affects reasonable comfort of her majesty’s subjects

Question 16

Defamation

Answer 16

Statements by defendant have had an adverse effect on the reputation from which damage has resulted

Question 17

Requirements for defamation

Answer 17

1. Statement was defamatory - caused harm to reputation of claimant - lowered plaintiff in estimation of right thinking people
2. Statement referred to claimant
3. Published - brought to attention of a third party

Question 18

Defences to defamation

Answer 18

1. Truth
2. Honest opinion - statement of opinion by person
3. Publication on matter of public interest
4. Absolute privilege
5. Qualified privilege - one party has legal, moral, social duty to make statement
6. Unintentional defamation - publishers inadvertently publish defamatory statement

Question 19

Economic torts

Answer 19

No general tort of unfair competition in english law - is violation of accepted fair trade practices that has intentionally resulted in economic harm

Question 20

Economic torts (other torts called upon for protection)

Answer 20

Deceit - fraudulent misrepresentation
Malicious falsehood
Passing-off
Interference with contract
Intimidation
Conspiracy

Question 21

Damages for personal injury can be one of two categoes

Answer 21

1. Pecuniary - damages

2. Non-pecuniary - loss of enjoyment