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
