Law of Tort Flashcards
Requirements for Trespass to Land (3)
- Exclusive Possession
- Direct Interference
- Requires Intent
Defences for Trespass to Land (2)
- Lawful Entry
- Necessity
Doctrine of Transferred Intent
Force applied to one person may be transferred to another person
Requirements for Assault
Intentional act that causes claimant to reasonably apprehend immediate and direct infliction of unlawful force
Remedies for Trespass to Land (2)
- Injunction
- Damages
Types of Trespass to Person (3)
- Battery
- Assault
- False Imprisonment
Requirements for False Imprisonment (2)
- Unlawful Constraint
- Restraint must be Total
Requirements for Battery (2)
- Direct and intentional application of unlawful force
- Unwanted or not consented to
Defences for Trespass to Person (3)
- Consent
- Self Defence
- Lawful Arrest
Remedies for Trespass to Person
- Damages
Requirements for Trespass to Goods (2)
- Intentional
- Direct Interference
Types of Conversion (2)
- Dealing with goods in a way that is seriously inconsistent with the rights of the owner
- Intentionally causing damage
Remedies for Conversion (2)
- Damages for fair market value
- Returning Goods
Elements of Negligence (3)
- Duty of Care
- Breach of Duty
- Cause of Claimant’s Injury
Criteria to Establish Duty of Care in Novel Situations (3)
- Foreseeability
- Proximity
- Fair, Just and Reasonable
Omission Exception (3)
- Exercise High Degree of Control
- Assumed Responsibility
- Regarded as Created and Adopted the Risk
Considerations for Breach of Duty (3)
- Magnitude of Risk
- Burden of Taking Precautions
- Social Utility of Conduct
Res Ipsa Loquitor
Inference of Negligence from the Facts of the Case
Requirements for Res Ipsa Loquitor (3)
- Cause of the incident is unknown
- Exclusive control
- Type of occurrence would not happen without negligence
Test for Causation in Fact
‘but for’ test
Factors that could break chain of causation (3)
- Natural Event
- Act of Third Party
- Act of Claimant
Defences to Negligence
Contributory Negligence
Consequential Economic Loss
Arising out of physical damage or injury
Pure Economic Loss
Economic loss unconnected to physical damage sustained
Types of Special Relationship for Negligent Statement (3)
- Defendant has specialist knowledge
- Defendant aware claimant will rely on information
- Reasonable for claimant to rely on information provided by defendant
Pure Psychiatric Harm (3)
- Without physical impact
- Recognised mental illness
- Primary or Secondary Victim
Restrictions for Secondary Victim (4)
- Reasonably foreseeable for person of normal fortitude
- Close relationship with injured person
- Present at accident or immediate aftermath
- Directly witnessed event
Types of Employer Liability (3)
- Breach of Personal Duty of Care
- Breach of Specific Statutory Duty of Care
- Vicarious Liability for Employee Tort
Requirements for Employer Duty of Care (4)
- Competent Fellow Employees
- Safe Plant and Equipment
- Safe Place to Work
- Safe System of Work
Requirements for Vicarious Liability (3)
- Employer/Employee Relationship
- Employee Committed Tort
- Tort Committed During Course of Employment
Types of Losses (2)
- Pecuniary
- Non-Pecuniary
Components for Pecuniary Loss (3)
- Loss of past income (Special damages)
- Loss of future income (General damages)
- Expenses
Non-Pecuniary Loss
Losses associated with injury itself
Claims on Death (2)
- Loss of Dependency
- Bereavement Claim
Types of Visitors under Occupier Liability Act 1957 (3)
- Invited on Premises by Occupier
- Permitted on Premises by Occupier
- Permitted on Premises by Statute
Standard of care owed to visitors
Magnitude of Risk vs Practicability of Taking Precautions
Defences under Occupier Liability Act 1957 (2)
- Contributory Negligence
- Exclusion of Liability for Property Damage
Strict Liability under Occupier Liability Act 1957
Occupiers acting in the course of business cannot exclude liability of personal injury or death
Occupiers Liability Act 1984 (2)
- Trespassers
- Covers personal injury, not property damage
Conditions for Occupiers Liability Act 1984 (3)
- Know or should know of danger on premises
- Knows or should know trespasser in vicinity
- Reasonably could be expected to offer protection against danger
Breach of Duty in Product Liability Case (2)
- Show manufacturer failed to exercise reasonable care
- Infer breach of duty because defect exists
Elements under Consumer Protection Act 1987 (4)
- Product contained a defect
- Claimant suffered damage
- Damage caused by defect
- Defendant is producer, own brander, or importer
Defences under Consumer Protection Act 1987 (3)
- Defect did not exist when producer supplied product
- Product not supplied in course of business
- Existence of defect not discoverable at the time product supplied
Requirements for statute to give rise to civil claim when silent (3)
- Claimant must fall within class protected by statutory duty
- Statutory duty breached
- Claimant suffered type of damage statute intended to protect against
Bring civil action in public nuisance if: (4)
- Special damage over and above that of the community at large
- Damage to property
- Personal Injury
- Loss of Profits
Private Nuisance
Unlawful interference with person’s use or enjoyment of land
Factors considered for Private Nuisance (6)
- Locality
- Utility
- Duration
- Abnormal Sensitivity
- Malice
- Foreseeability of Damage
Remedies for Private Nuisance (2)
- Damages
- Injunction
Defences for Private Nuisance (2)
- Prescription
- Statutory Authority
Rylands v Fletcher
Arises when there is a dangerous escape from defendant’s land for non-natural use of land
Components of Rylands v Fletcher (3)
- Brought something on land
- Engaged in non-natural use of land
- Thing on land escapes and causes harm
Defences for Rylands v Fletcher (2)
- Unforeseeable act of god
- Unforeseeable act of third party
