End of Chapter - Law of Torts

Question 1

What is a tort?

Answer 1

A tort arises from a breach of duty fixed by law; the duty is towards persons generally and the victim can bring an action in tort against the wrongdoer
The remedy for a tort is unliquidated (amount is not fixed in advance) damages

Question 2

What is the purpose of law of torts?

Answer 2

To protect people’s rights by allowing them to sue if their interests are invaded, threatened or harmed

Question 3

How can they be classified?

Answer 3

1. Defamation (libel and slander) - protects ones reputation
2. Trespass - protects against physical harm
3. Private nuisance and trespass to land - protects ones land
4. Breach of copyright or patent - protects ones intellectual property
   They can be intentional or due to negligence/ other fault

Question 4

The tort of trespass…

Answer 4

Requires direct and intentional act
Takes the form of: trespass to the person, to goods and to land
To the person: assault, battery or false imprisonment
To goods: directly and intentionally interfering with goods in possession of another - if they deal with the goods in a way inconsistent with the rights of the owner they can be sued for conversion
To land: unlawful entry, unlawful remaining and unlawful placing or throwing

Question 5

The tort of negligence…

Answer 5

…is a failure to take care in circumstances where the law demands that care should be taken

For an action to be successful the claimant must show:
1. a duty of care is owed to them
2. the defendant breached that duty
3. that the claimant has suffered damage as a result of the breach

Case law: Donoghue v. Stevenson
- introduced the neighbour principle of reasonable foreseeability, i.e., a duty of care is owed to another person if it is reasonably foreseeable that they will be affected by one’s acts or omissions
- a breach of duty occurs when the defendant fails to do what a reasonable man would have done

The defendant only liable if the case is not ‘too remote - where the causation chain is broken by ‘novus actus interveniens’, the defendant will not be liable for subsequent damage

Case law: The Hedley Byrne
- established liability for negligent misstatement where there is a special relationship between the parties

Courts will normally not allow claims for pure economic loss

Two main categories; primary victims (suffer shock through fear for their own safety) and secondary victims (suffer shock for the fear of safety to others)
- Case law: The Hillsborough cases confirmed secondary victims have to establish proximity to recover damages

Question 6

What is nuisance?

Answer 6

Can be private (unlawful interference with a person’s use or enjoyment of their land) or public (causing inconvenience or annoyance)

Question 7

Liability for defective or dangerous premises

Answer 7

One person being held liable for wrongs committed by another, e.g., employer/ employees
Statue: The Occupiers’ Liability Act 1957 - places a duty on occupiers to take care to ensure visitors will be reasonably safe using their premises - this was extended to trespassers in the case British Railways Board v. Herrington 1972 and then under the Occupiers Liability Act 1984

Question 8

Liability for defective products?

Answer 8

Strict under the Consumer Protection Act

Question 9

Defences in tort?

Answer 9

Sef-defence, necessity, statutory authority, consent and volenti and contributory negligence

Question 10

Limitations of actions?

Answer 10

3 years for cases involving personal injury
1 year for libel and slander
6 years for all other claims

Question 11

Remedies?

Answer 11

Damages and injunctions