Chapter 2- The Law Of Torts Flashcards
What is libel
A defamatory statement in a permanent form
What are examples of libel
And email text posting on social media or in written a publication
What is slander
In non-permanent form usually takes the form of speech or gestures
What does the word tort mean
Wrong. And the legal action the victim might bring against us is known as an action in Tory
In tort who brings the legal action
The victim themselves
If a doctor causes harm to a private patient by improper medical treatment what can they be sued for
They may be sued for breach of contract and negligence
In what court are the issues of negligence and breach of contract considered together
Civil court
What is the main remedy under common-law for tort
Damages
If the damages are liquidated what does this mean
It means that the parties to the contract will have agreed in advance a fixed amount of compensation to be paid if there is a breach of contract
What is defamation?(libel and slander)
Protects a persons interest in their reputation
What does breach of copyright or patent design protect
Protects a persons interest in intellectual property
In appropriate circumstances what can you sue for in torts
Negligence for death bodily injury mental injury financial loss damage to land or goods
If A tort is actionable per se what does this mean
This means that the claimant does not have to prove that they have suffered loss or damage only that are tort has been committed
What is an intentional tort
A requirement for intention on the part of the defendant to commit the tortuous act
What torts are intentional torts
Tress pass and that of deceit
What is strict liability
A person may be held liable even though their actions are never intentional no negligent
What case is an example of strict liability
Rylands versus Fletcher
When is malice relevant in tort
Malice is an essential ingredient in one or two minor torts
In the tort or defamation
In the tort or nuisance
What are the three characteristics of tress pass tort
The act of the defendant must be direct. The act of the defendant must be intentional. The tort is actionable per se
What are the three main forms of trespass tort
Tress pass to the person. Tress pass to goods. Trespass to land.
What freeways can tress pass to the person it’s self take
Assault. Battery. False imprisonment.
What is tress pass to goods
Where the defendant directly and intentionally interferes with goods which are in the possession of another
In trespass to goods what is conversion
If the defendant Deliberately deals with goods in a way which is inconsistent with the right of the person who owns or possesses them
What act was brought in to cover tress pass to goods conversion and certain other tortsconcerning gods
Totes (interference with goods) act 1977
Why is contributory negligence strictly not a defence
A defence is a legal excuse for what would otherwise be wrong. If successful it removes all liability. Contributory negligence is a plea in mitigation which reduces liability but does not remove it.
What must a claimant to prove in order to succeed in an action for negligence
The defendant owed a duty of care to them, that duty of care was breached and they suffered loss or damage as a result of the breach
What is the neighbour test
A principle for establishing when a duty of care is owed in negligence. It was proposed in Donahue versus Stephenson and is based on the reasonable foreseeability
What two forms my private nuisance take
Wrongfully allowing the escape of noxious things from one’s property.
Wrongful interference with servitudes
What is vicarious liability
One person assumes for the wrongful act of an error. And example of this is of the employer for torts committed by their employees in the course of their employment
What are the defences available in defamation
Truth, honest opinion, publication on a matter of public interest, innocent defamation, privilege
What are the main limitation period in the law of torts - libel and slander
One year
What are the main limitation period in the law of torts - personal injury
Three years
What are the main limitation period in the law of torts - property damages
Six years
What are the general defences in tort
Self defence, necessity, statutory authority, consent and Volenti and contributory negligence
What are the main remedies in tort
Damages and injunctions
What is trespass ab initio
If a person enters land lawfully but abuses the right to be there they are treated as a trespasser from the moment they entered the land
What are the three essentials for an action in negligence to succeed
A duty of care owed by the defendant to the claimant. A breach that a duty by the defendant negligence. Damage suffered by the claimant as a result of the negligent act
What case established duty of care
Donahue versus Stephenson
When would breach of duty occur
When the defendant fails to do what a reasonable man would’ve done in the circumstances, or does what a reasonable man would not have done
In breach of duty what do the courts take into account
The magnitude of the risk involved in the defendants activities. The ease with which the risk could have been eliminated or reduced and the potential cost involved. The current state of scientific or technical knowledge
What is causation and remoteness of damage
The law attempts to place a reasonable limit on the defendants responsibility is by releasing them from liability where the damage is too remote
What is the main test for remoteness
Reasonable foreseeability
Where the chain of causation leading from the defendants negligent act is broken by a novus actus interveniens, will the defendant be responsible
Know the defendant will not be responsible for any damage
Liability under the Hedley Byrne rule arises when
There is a special relationship between the parties where it is reasonable for the claimant to rely on the advice given. The giver of the advice can reasonably foresee that the advice is likely to be acted upon and that the recipient is likely to suffer if it is inaccurate. The advice is in fact acted upon causing a loss to the claimant.
Will the courts allow a claim in tort for pure economic loss
No. The claim has to be accompanied by any physical damage to the claimant or their property
What is a primary victim Of nervous shock
Persons who suffered shock through fear for their own safety. This category of claimant was the 1st to be recognised by English law
What is a secondary victim of nervous shock
Persons who suffered shock through fear for the safety of others. As the 20th century progressed, the law came to recognise claims by persons who suffered shock through fear for the safety of persons other than themselves
What case is related to secondary victims
Allcock versus chief constable of South Yorkshire police. The Hillsborough football stadium disaster
Secondary victims should not be entitled to damages unless they could establish the proximity in the terms of
Their relationship with the immediate victim. Their closeness in space or time to the incident or its immediate aftermath. The means by which they learnt about the accident which had to be through their own unaided senses
What are the two forms of nuisance
Public and Private
What is public nuisance
Carrying on of an activity which is likely to cause inconvenience or annoyance to the public, or a section of the public, or interference with a right common to all
What is the purpose of the tort of private nuisance
To protect a persons interest in their land
What two forms are there are private nuisance
Wrongfully allowing noxious things to escape from their property so as to interfere with the claimants land. Wrongful interference with servitude or rights attaching to the claimants land
In private nuisance for the interference to be actionable what must happen
Damage must result. this means that the interference must either cause actual physical damage to the land or at least adversely affect the claimants use and enjoyment of it
What is the special defence in nuisance.
The prescription at 1832. This provides that if the defendant can I Stabulis that the actionable nuisance has existed openly and continuously for at least 20 years, the right to continue with the activity in question cannot be challenged
To succeed in an action for breach of statutory duty the claimant must establish the following
That the statute was intended by Parliament to allow civil remedy. The statute must impose a duty on the defendant and not merely a power. The claimant must prove that the statutory duty was owed to them. There must be a breach of duty by the defendant. The damage suffered by the claimant must be caused by the breach and be of a kind which was contemplated by the statue
What is employers liability
Liability of the employer for injuries suffered by employees in the course of their employment
In employees liability what must the implore you to take reasonable care to do
Select competent staff. Provide and maintain proper plant, premises and equipment. Provide a safe system of work
What does the health and safety at work act 1974 do
Takes a general common-law duties of the employer mentioned and make some subject to criminal law
What penalties can the health and safety at work act impose
Unlimited fines, and imprisonment up to 2 years. Both employer and employees may be subject to its sanctions
What does the management of health and safety at work regulations act 1999 state
That an employer may be sued if an accident at work is attributable to the employees failure to implement a suitable and sufficient risk assessment
What is vicarious liability
Not a tort or a wrong in itself but a way in which liability may be imposed a person may be directly liable for their own taught or vicariously liable for torts committed by of us
What are the five Criteria that in vicarious liability needs to have
One. The employer is more likely to have the means to compensate the victim than the employee and can be expected to have insured against that liability. Two. The total have been committed as a result of activity being taken by the employee on behalf of the employer. Three. The employees activity is likely to be part of the business activity of the employer. Four. The employer by employing the employer to carry on the activity, will have created the risk of a tour committed by the employee. Five. The employee will, to a greater or lesser degree, have been under the control of the employer
What is the occupiers liability act
A common duty of care is owed to all visitors present on the land of another, that is all persons who are not tress passes
In liability for defective products if the victim was a buyer of goods what will they be able to sue for
For breach of contract
In liability for defective products if the victim was not a boy or a girl so what would they be able to do?
An action contract will not be possible. The only legal remedy will be an action in tort
What is the purpose of defamation
To protect a persons interest in their reputation
A defamation statement is not actionable unless
It’s published
What are the special defences available in the tort of defamation
Truth. Honest opinion. Publication On a matter of public interest. Innocent defamation. Privilege.
What are the general defences in Tort
Self defence. Necessity. Statutory authority. Consent and volenti non-fit injuria. Contributory negligence. Reduction of liability
What are the types of damages
Special damages and general damages. Aggregated damages. Exemplary damages. Nominal damages. Contemptuous damages.
And injunction is a court order commanding the defendant…
To do a particular thing. To refrain from doing a particular thing
