Chapter 2 Key Points Flashcards
what is a tort/legal wrong
arises from a breach of duty fixed by law
victim can bring an action in tort against the wrongdoer
what is the remedy in tort
action for unliquidated damages
what does unliquidated mean
amount of damages is not fixed in advance but decided by the court
what is the general purpose of the law of torts
to protect people’s rights by allowing them to sue if their interests are invaded, threatened or harmed
what does a defamation tort protect
a person’s interests in their reputation
what are the two types of defamation torts
libel and slander
what does libel mean
the defamatory statement is in a permanent form (i.e. in writing)
what does slander mean
the statement is in a transient (non-permanent) form (i.e. speech or gestures)
what does a trespass tort protect
a person against deliberate physical harm
what does a private nuisance and trespass to land tort protect
a person’s interest in the land they occupy
what does breach of copyright of patent design tort protect
a person’s interest in their intellectual property
how can torts be classified
by the type of behaviour that the wrongdoer must exhibit and the degree of fault (if any) which is necessary
do torts have to be intentional
they can be intentional, or require negligence or other fault, can impose strict liability where no intent or fault is required
what does trespass require
direct act by defendant
intentional act by defendant
what are the three forms of trespass
to the person
to goods
to land
types of trespass to the person
assault, battery or false imprisonment
when does trespass to goods occur
when the defendant directly and intentionally interferes with goods in the possession of another
what happens if goods are deliberately dealt with in a way inconsistent with the rights of the owner
they can be sued for conversion
what is trespass to land
the direct interference with land which is in the possession of another
what are the forms of trespass to land
unlawful entry onto the land of another
unlawfully remaining on the land of another
unlawfully placing or throwing any material object upon the land of another
which tort is the most important today
negligence
what is negligence
failure to take care in circumstances where the law demands that care should be taken
what claims does negligence give rise to
claims for damages by the person who suffers harm as a result
what must a claimant do for an action in negligence to succeed
must show a duty of care is owed to them by the defendant
that the defendant breached that duty
that the claimant has suffered damage as a result of the breach
what is the leading case on duty of care
donoghue v stevenson
(involves a snail in a bottle of ginger beer)
which principle did donoghue v stevenson introduce
the neighbour principle
what is the neighbour principle
a duty of care is owed to another person if it is reasonable foreseeable that they will be affected by one’s acts or omissions
when does a breach of duty occur
when a defendant fails to do what a reasonable person would have done in the circumstances, or does what a reasonable person would not have done
when will the defendant be liable
for damage that is not too remote
what does novus actus interveniens mean
new intervening cause
what happens when the chain of causation is broken by a novus actus interveniens
the defendant will not be liable for subsequent damage
what did the hedley byrne case establish
liability for negligent misstatement where there is a special relationship between the parties
what happened in the hedley byrne case
it is reasonably foreseeable that advice will be acted upon and loss will be suffered if the advice is inaccurate, the advice is indeed acted upon and the claimant sustains loss
which type of loss will the courts not normally allow
pure economic loss
what can a person who suffers bodily injury do for any psychiatric injury that accompanies it
recover damages
what must be done by a person who suffers psychiatric illness following the shock of witnessing a terrible accident caused by the negligence of another
establish that they fall within a class of persons to whom a duty is owed in order to recover damages
what are the two main categories of negligence victims
primary and secondary
what is a primary victim
suffer shock through fear for their own safety
what is a secondary victim
suffers shock through fear for the safety of others
what did the hillsborough cases confirm
secondary victims have to establish proximity in order to recover damages
what are the two forms of nuisance
private and public
what is public nuisance
the carrying on of an activity likely to cause inconvenience or annoyance to the public
what is private nuisance
and unlawful interference with a person’s use or enjoyment of their land
what is the rylands v fletcher rule
an example of strict liability for escapes of a damage-causing thing arising from non-natural use of land, and gives rise to a form of nuisance claim
what is vicarious liability
one person is held liable for wrongs committed by another
what is the most common example of vicarious liability
employer/employees
what did the occupiers’ liability act 1957 do
codified the common law position, places a duty on occupiers to take care to ensure that visitors will be reasonably safe in using the premises
which duties are trespassers owed
in respect of hazards of which occupiers are or should be aware, and only if the occupier should be aware of their presence
what can the liability for defective products by strict under
the consumer protection act
list some general defences in tort
self defence
necessity
statutory authority
consent and volenti
contributory negligence
how long does the victim of personal injury have to take action
three years
how long does a victim of libel and slander have to take action
one year
how long does a victim of a civil wrong that doesn’t involve personal injury or defamation have to take action
six years
what are the main remedies in tort
damages and injunctions
