Chapter 2 - Law of torts

Question 1

What is a ‘tort’

Answer 1

A civil wrong which causes the claimant to suffer loss or harm, resulting in a legal liability for the person who commits the act.

Question 2

Unliquidated damages

Answer 2

Damages not fixed in advance but decided by the court

Question 3

Various ways torts are classified

Answer 3

Defamation

Trespass to a person. E.g. being intimated or being made to stay somewhere. Must be direct and intentional (loss not actually needed)

Trespass to land (private nuisance). Must be direct and intentional (loss not actually needed)

Breach of copyright or patent design

Question 4

Conversion

Answer 4

If a defendant deliberately deals with the goods in a way which is inconsistent with the rights of the person who owns or possesses them, can be sued for conversion.

Question 5

Can you have negligent words as well as acts?

Answer 5

Yes

Question 6

Primary victim

Answer 6

A person who suffers the physical damage will always be able to claim for psychiatrics harm

Question 7

Secondary victim

Answer 7

Cannot claim for mere grief but;

Can claim for nervous shock cases - through the fear of safety of others

Question 8

Nuisance - public vs private (2 forms)

Answer 8

public = An inconvenience to public or section of public
private, takes 2 forms:
- Wrongfully allowing a harmful thing to escape from land and onto another’s land, e.g. smoke, vermin
- Wrongful interference with servitude (entering property)

Question 9

Defamation: libel vs slander

Answer 9

Libel = permanent form. E.g. written, text
Slander = non-perm e.g. speech

Vulgar abuse that damages dignity is not defamatory

Question 10

General Defences in tort

Answer 10

Self defence
Necessity
Statutory authority - plea that is permitted by law
Consent and volenti non fit injuri - consent by defendant
Contributory negligence - where claimant partly to blame
Reduction of liability - e.g. someone else should share responsibility

Question 11

Main limitation periods

Answer 11

• 1 year where claim is for libel or slander
• 3 years for personal injury claims
• 6 years for most other (mainly property damage claims)

Question 12

Remedies in tort (Damages - compensatory award)

Answer 12

• special damages and general damages
• Aggravated damages: mental distress/feelings
• Exemplary (punitive) damages: to punish and deter the wrongdoer
• Nominal damages: sum given to someone who has suffered a loss but not financially
• Contemptuous damages: tiny damage, not brought to court and tiny sum given as damges

Question 13

Damages (Injunctions)

Answer 13

A court order commanding the defendant to do a particular thing or refrain from doing a particular thing

Question 14

What torts are actionable ‘per se’

Answer 14

• Assault
• False imprisonment
• Trespass to land

Question 15

The rule in Rylands v Fletcher may apply when there is

Answer 15

an escape of a dangerous thing from a defendant’s land

Question 16

Katy’s mother bought her an iron, which turned out to be defective and caused a fire. It resulted in damage to Katy’s personal property amounting to £500 and also caused severe burns to Katy’s right hand. In order to achieve a recovery at law, which legal action should be pursued?

Answer 16

Katy should sue the manufacturer based on the provisions of the Consumer Protection Act 1987.

Question 17

A petition to a court for a property damage claim must usually be made within

Answer 17

6 years of the date of loss

Question 18

With the principal of tort, it will usually, but not always, involve

Answer 18

injury, damage, or financial loss

Question 19

The Consumer Protection Act 1987 is important when looking at negligence because

Answer 19

it introduced the strict liability on faulty goods sold for private use

Question 20

Is lack of intent a defense against tort

Answer 20

No

Question 21

A visitor to an office suffered injury caused by an employee. If the visitor claimed compensation from the employer, this is known as

Answer 21

vicarious liability

Question 22

What are enabling acts under the authorities known as

Answer 22

Delegated/subordinate legislation