C1: Intro to Tort

Question 1

Which interests are protected by the tort of negligence?

Answer 1

• Personal interests (physical or mental harm)
• Property interests
• Economic interests

Question 2

Which interests are protected by the tort of nuisance?

Answer 2

• Economic interests

Question 3

Which interests are protected by the tort of trespass?

Answer 3

• Personal interests
• Property interests
• Economic interests

Question 4

Which interests are protected by the tort of defamation?

Answer 4

• Personal interests
• Economic interests

Question 5

What is the relationship between the Human Rights Act 1998 and the European Convention of Human Rights?

Answer 5

The HRA 1998 was created to incorporate the ECHR into English law.

Question 6

What does s6 HRA 1998 allow the public to do?

Answer 6

s6 HRA 1998 means that the public can challenge a public body’s decision via judicial review.

Question 7

What is Art 6 ECHR?

Answer 7

Right to a fair trial

Question 8

What is Art 8 ECHR?

Answer 8

Right to respect for private and family life

Question 9

Before the HRA 1998 (and Art 8 ECHR), where was the right to privacy featured in English law?

Answer 9

Nowhere in statute, the HRA 1998 was the first to introduce it into statute.

Lots of tort law/case law.

Question 10

Have any new torts been recognised under HRA 1998?

Answer 10

No, courts have refused to recognise any new torts under HRA 1998, but are more open to ensuring that the existing torts are compatible with the ECHR.

Question 11

What are 3 examples of statutory torts?

Answer 11

Statutes that create torts include the Consumer Protection Act 1987, the Occupiers’ Liability Acts 1957 and 1984, and the Animals Act 1971.

Question 12

What are 5 examples of common law torts?

Answer 12

Negligence
Nuisance
The rule in Rylands v Fletcher
Defamation
Trespass

Question 13

Rylands v Fletcher [1868]

Answer 13

created a specific tort, which is a hybrid form of public nuisance - if someone brings something on to their land, which is ‘likely to do mischief if it escapes’. In the original case, a landowner was liable when water from a reservoir that was being built on his land leaked into disused mine shafts under his land and flooded his neighbour’s mine. The rule has been applied to gas, electricity and chemicals.

Question 14

Campbell v Mirror Group Newspapers [2004]

Answer 14

Naomi Cambell sued when she was seen coming out of a Drug Addicts Anonymous group. Campbell won, with the court saying that the pictures were beyond what was necessary in the public interest and her expectation of privacy was infringed.

Question 15

Who is the tortfeasor?

Answer 15

Tortfeasor: the person who committed the tort

Question 16

What is a tort?

Answer 16

Tort: a civil wrong, i.e. something that the law recognises as being worthy of compensation, but not something so serious that the person who committed the tort should be classed as a criminal and punished by the state (although there is often overlap between civil and criminal court).