Law Of Torts Flashcards
What is the nature of Tort?
A wrong doing - a breach of duty fixed by law
Action brought by victim
Civil matter
Compensation (unliquidated) or raparation
In the Law of Contract. Who decides the duties?
In the law of contract the duties are fixed by the parties themselves
Insured contract = insured duty to pay premiun & insurer duty to pay claims
Not general duties but duties agreed voluntarily
What interests are protected with Torts? (4)
The general purpose of the law of torts is to protect peoples rights by allowing them to sue if their intrests are invaded, threatened or harmed.
Your reputation
Against deliberate physical harm
Your land
Your Intellectual property
Is injury or damage required to bring an action in Tort?
Yes (in most cases)
Unless a Tort is ‘actionable per se’ = actionable in itself, no proof of damage required e.g. all forms of trespass or defamation
What sort of behaviour is neccessary to sue in Tort?
Intentional Torts require intenion by the defendant
Strict Liability (acts are neither intentional nor negligent, also known as ‘no fault liability, you are responsible for your stuff)
Motive or malice is not relevant to Torts
What the different types of Torts? (8)
Trespass Negligence Nuisance Breach of Statutory Duty Employers Liability Liability for Defective or Dangerous Premises Liability for Defective Products Defamation
3 Key characteristics of Trespass
Must be direct
Must be intentional
The tort must be actionable per se
Main forms of Trespass? (3)
To the person (assault, battery, imprisonment) To goods (interference or conversion) To land (unlawfully entering, remaining or putting material object on land)
Which Tort is the most important and the source of most tort cases?
Negligence
e.g. Car accidents & employment injury
3 essentials to succeed in a Negligence case
A duty of care was owed (neighrbour test)
That duty was breached (unreasonably)
Damage was suffered
What are the two types of Nuisance?
Public - carrying on of an activitywhich is likely to cause inconvenience or annoyance to the public, or a section of the public or interference with a right common to all
Private - wrongfully allowing noxious things to escape from own property so as to interfer with the claimants land e.g. vermin, smells or noise. Or wrongful interference with servitudes or rights to claimants light e.g. right of way, rights to land. The interference must be un reasonable
What 5 points are essential to succeed in a claim of Breach of Statutory Duty?
The statute was intended by Parliment to allow a civil remedy
The statute must impose a duty, not just a power
Claimant must prove the duty was owed to them
That duty must have been breached
The breach must have caused damage
Employers Liability - what must the employer take reasonable care to do? (3)
Select compotent staff
Provide & maintain plant, premises & equipment
Provide a safe system of work
(H&S at Work Act 1974 put these common law duries and made them subject to Criminal Law)
Main points of H&S at Work Act 1975 in relation to Employers Liability
Unlimited fines & prison up to 2 yrs Applies to all places of work Applies to all employees Applies to some who arent employees Employers & employees are subject to its sanctions
What is vicarious liability?
Held liable for others wrong doing
Liability for Defective or Dangerous Premises - whats changed?
No duty was owed to visitors.
Then a duty of ‘common humanity’ owed to all except trespassers was introduced by the Occupiers Liability Act 1957
Then the duty of care was extended to tresspassers. This was put into statutory form by the Occupiers Liability Act 1984
What are your options if you’ve been injured by Defective Products - how do you bring an action?
If you BUY the goods you can sue the seller for breach of contract.
If you didn’t the only option would be an action in tort, based on Negligence or Consumer Protection Act 1987 (this act introduced a form of Strict Liability for defective products)
What are the different types of Defamation? (3)
Defamation = a false statment Protects your rep Libel = in permanant form e.g. email Slander = in speech or gestures *vulgar abuse only hurts your feelings so not defamatory
Main defences for Defamation (5)
Truth Honest opinion Publication on a matter of public interest Innocent defamation Privilege - statements made to police
What are the general defences in Tort? (5)
Self defence - can use reasonable force to defend yourself, your property & other people
Neccessity - you are allowed to carry out a Tort to prevent a greater evil
Statutory Authority - the Tort is permitted by statute law
Consent & volenti non fit injura - consent was given (meaning claimant gave consent to the risk of negligence but not the deliberate act itself)
Contributory Negligence - (favored by the courts over volenti as more flexible) The claimant is partially to blame for their injuries
What did the Law Reform (contributory negligence) Act 1945 change?
Contributory negligence used to be a complete defence and insurers could waive liabilty
After the Act claims are now usually reduced rather than denied
Volenti Fit Injura
No legal wrong is done to a person who consents
What are the time limits on actions in Tort?
1 year for libel or slander (defamation)
3 years for injury
6 years for most other torts (mainly property damage claims)
(Latent property damage - 6 years from when damage began or 3 years from when discovered whichever is longer)
When does the clock start ticking on how long you have to make a claim in tort?
When the damage or injury occurs
Latent body injuries - when injury is discovered
Latent property damage - when damage was discovered
A claim made too late is ‘statute barred’
Time periods are goverened by legislation
