Chapter 1 - Key Concepts in Tort

Question 1

What are statutory law tors?

Answer 1

Consumer Protection Act 1987, the Occupiers’ Liability Acts 1957 and 1984 and the Animals Act 1971.

Question 2

Common Law torts ?

Answer 2

negligence, trespass to land, assault/battery/false imprisonment (trespass to the person) and nuisance.

Question 3

Damnum sine injuria case law? what was it about?

Answer 3

Bradford Corp v Pickles [1895] the defendant had prevented underground streams flowing through his land from reaching the claimant’s land, in order to force them to buy his land at a much inflated price.
The House of Lords held that the defendant has a right to take water from his own land even if it means that neighbouring properties are deprived of water altogether.

Question 4

ACT - adopted to provide publicly funded compensation in clinical negligence?

Answer 4

NHS Redress Act 2006

Question 5

what does the case authority Wilkinson v Downton 1897

Answer 5

Provides a remedy for indirect physical harm caused by an intentional act

Question 6

what are interests does the tort law protect?

Answer 6

personal both physical & mental integrity including the right to self-determination, damage to property, pure financial loss (loss not consequent on other injuries), consequential financial loss, possession, use & enjoyment of land, reputation, privacy