Law of Torts Flashcards
What is tort
A tort is a civil wrong where obligations are imposed by law
What may a party who commits tort be liable to pay
If a party commits a tort, they may be liable to pay damages to the injured party
What are examples of tort
Examples of tort are:
- Negligence
- Nuisance
- Tort of Deceit
- Defamation
What is negligence
Failure to exercise reasonable care, leading to harm
What is nuisance
Unlawful interference with a person’s enjoyment of land
Who does public nuisance affect
Public Nuisance: Affects the general public
Who does private nuisance affect
Private Nuisance: Affects an individual
What is tort of deceit
Tort of Deceit – Fraudulent misrepresentation causing financial loss
What is defamation
Defamation – Damaging a person’s reputation through false statements
What is libel
Libel: Defamation in permanent form
What is slander
Slander: Defamation in spoken or temporary form
What are time limit for claims under the Limitations Act 1980
Under the Limitation Act 1980, claims for negligence must be made within three years from the date of damage or knowledge of damage
When does negligence occur
Negligence occurs when a person fails to take reasonable care, resulting in harm to another party
What elements must be proven to establish negligence
To establish negligence, three elements must be proven:
- Duty of Care
- Breach of Duty
- Causation & Damage
What do courts apply if no precedent for duty of care has been established
If no precedent exists, courts apply the Caparo v Dickman (1990) 3-Stage Test:
- Reasonable Foreseeability
- Proximity
- Fair, Just & Reasonable
What did Donoghue v Stevenson (1932) establish
Donoghue v Stevenson (1932) established the modern principle of duty of care
What did Lord Atkin introduce
Lord Atkin introduced the “neighbour principle”
What is the neighbour principle
neighbour principle means individuals must take reasonable care to avoid acts or omissions that could harm others who are closely affected by their actions
When does a breach of duty occur
A breach of duty occurs when a defendant fails to meet the required standard of care expected in a given situation
What objective test is the standard of care based on
The standard of care is based on an objective test:
- What a reasonable person would do in similar circumstances
- If the defendant has special skills, they are held to the standard of a reasonably competent person in that profession
What do courts assess when determining if a duty was breached
When determining if a duty was breached, courts assess the following risk factors:
- Probability of Harm
- Seriousness of Harm
- Precautions Taken
- If the defendant’s actions had significant social benefit, this may justify a lower standard of care
What legal principles can a claimant rely on to prove a breach of duty
They can rely on two key legal principles:
- Section 11 of the Civil Evidence Act 1968
- Doctrine of Res Ipsa Loquitur (“The Thing Speaks for Itself”)
What does Section 11 of the Civil Evidence Act 1968 state
Section 11 of the Civil Evidence Act 1968 states a criminal conviction can be used as evidence in a civil claim
When is the Doctrine of Res Ipsa Loquitur used
Doctrine of Res Ipsa Loquitur is used when direct evidence of negligence is unavailable
