Chapter 2 - Law Of Torts LO2

Question 1

Unliquidated / Unspecified damages

Answer 1

Amount of damages is not fixed in advanced and will be decided by courts

Question 2

Actionable per se

Answer 2

Claimant does not have to prove they have suffered loss or damage - only that tor has been committed

Question 3

Strict liabilities
Rylands vs Fletcher (1886)

Answer 3

person may be held liable if action is neither intentional or negligent
when defendant is liable for committing an action

Question 4

Trespass characteristics(3)

Answer 4

Act of defendant must be direct
Act must be intentional
Tort is actionable per se

Question 5

Types of trespass to person (3)

Answer 5

Assault - Threatening gestures
Battery - Hostile application or physical force
False imprisonment - Bodily restraint

Question 6

what is Trespass to goods

Answer 6

Directly and intentionally interferes with goods

Question 7

What is trespass to land (3)

Answer 7

1. Unlawful entry onto another persons land
2. Remaining on the land
3. Placing or throwing things onto the land
   Must be intentional
   Actionable per se

Question 8

Negligence (3)

Answer 8

1. Duty of care owed by the defendant to the claimant
2. A breach of that duty by the defendant
3. Damage suffered by the claimant as a result of the negligent act

Question 9

Neighbour principal / reasonable foreseeability

Answer 9

Duty of care owed to another person if it is reasonably foreseeable that they will be affected by one’ acts or omission

Question 10

Breach of duty

Answer 10

Fails to do what a reasonable man would do

Question 11

Original test for remoteness

Answer 11

Purely on causation
Defendant liable for injury directly caused by negligence

Question 12

Overseas Tankship vs Mort’s Dock and Engineering (The wagon Mound)

Answer 12

Thin skull / eggshell skull. Damages are not reasonably foreseeable

Question 13

The wagon Mound

Answer 13

New test based on foreseeability - Damage would be too remote if it was not reasonably foreseeable

Question 14

Negligent Misstatement - Hedley Byrne v Heller

Answer 14

Before this case there was no liability in tort for negligent words, advice only for acts

Question 15

Wheb dies liability arise under Hedley vs Burn

Answer 15

Liability arises when:
- special relationship between parties (but not contract)
- Giver of advice can reasonably foresee that advice will be acted on and cause damage if inaccurate
- advice is, in fact, acted upon, causing the loss

Question 16

Public Nuisance

Answer 16

Annoyance to the public

Question 17

Private Nuisance

Answer 17

Noxious things to escape and interfere with claimants land
Interfering with rights of claimants land

Question 18

Defence against strict liability

Answer 18

Consent of claimant
Act of god
Unexpected act of a stranger
Statutory authority

Question 19

Employers Liability

Answer 19

Duty at common law therefore not strict but duty to take reasonable care for safety of employees

Question 20

Health and Safety at Work (1974)

Answer 20

Takes common law of the duties of employer and makes the subject to criminal law

Question 21

Vicarious Liability

Answer 21

When one person is liable for another persons wrong

Question 22

OLA 1957

Answer 22

Common duty of care to all visitors present on the land of another

Question 23

OLA 1984 - UPDATED

Answer 23

Principal established in Herrington case extends duty of care to trespassers and other uninvited entrants

Question 24

Liability of defective producs

Answer 24

if victim was buyer of the good they can sue the seller
If victim not buyer then action in tort based on negligence or under the Consumer protection Act 1987

Question 25

Libel

Answer 25

Statement in permanent form: email, text, social media

Question 26

Slander

Answer 26

Non permanent deformatry speech

Question 27

Defence for defamation

Answer 27

Truth
Honest opinion
Publication on a matter of public interest
Innocent defamation
Privilege

Question 28

General defences in tort (4)

Answer 28

1. Self defence
2. Necessity - Carried out to avoid greater evil
3. Statutory authority - alleged to be a tort is permitted by statute law
4. Consent - Claimant agrees to the act done by defendant

Question 29

Volenti non fit injuria

Answer 29

no legal wrong is done

Question 30

Special damages

Answer 30

Claimant has to give notice when they make their claim and must prove strictly at trial

Question 31

Aggravated damages

Answer 31

Court may add addtional damages

Question 32

Exemplary / Punitive damages

Answer 32

Awards which exceed the loss

Question 33

Nominal damage

Answer 33

Actionable per se tort committed and no real loss - e.g token may be awarded

Question 34

Contemptuous

Answer 34

Tiny sum of money e.g small coin

Question 35

Consumer protection act 1987

Answer 35

Introduces strict liability on faulty goods sold for private use

Question 36

Limitation periods
Prsnl injury, libel, other torts

Answer 36

Libel = 1 yr

Prsnl Injury = 3yrs

Other torts = 6yrs