Lecture: Tort Law

Question 1

Intentional torts

Answer 1

Where harm inflicted on purpose. Trespass:

1. To person - battery, assault, false imprisonment
2. To personal property
3. To real property

Question 2

Tort of negligence

Answer 2

Defendant’s negligence caused harm to:

1. Physical harm
2. Psychological harm (nervous shock)
3. Financial harm

Question 3

Three elements to negligence

Answer 3

1. Duty of care owed
2. Breach of duty of care
3. Damage resulting from breach

Question 4

When is duty of care owed?

Answer 4

Acts which you can reasonably foresee would likely injure your neighbour

Question 5

Factors determining duty of care

Answer 5

1. Reasonable foreseeability
2. Proximity - defendants carelessness likely to harm claimant
3. Whether fair, just and reasonable to impose duty

Question 6

Duty of care and psychiatric injury

Answer 6

Damage lead to recognisable medical condition: depression, PTSD, personality change
May affect primary victim and bystander
Nervous shock must be reasonably foreseeable

Question 7

Negligence causing economic loss?

Answer 7

Liability for negligent misstatement only if special relationship of reliance
Could defendant reasonably foresee that statement could be relied upon
Relationship quasi-contractual

Question 8

Test for breach of duty of care

Answer 8

Reasonable person test (objective)

Question 9

Causation and remoteness test

Answer 9

Causation - but for test - defendants behaviour operative cause of injury?
Remoteness - type of injury reasonably foreseeable? thin skull rule

Question 10

Defences to negligence

Answer 10

Contributory negligence - claimant partly to blame (damage reduced)
Assumption of risk - claimant knowingly accepted risk (complete defence)

Question 11

Statutory product liability

Answer 11

Only concerned with safety of product

Strict liability - generally producer liable

Question 12

Occupier’s liability

Answer 12

Occupier owes duty of care to all visitors, extended to uninvited visitors where trespass could be dangerous

Question 13

Nuisance

Answer 13

Private - defendants act interfere with claimants use or enjoyment of land
Public - defendants act unreasonably interferes with rights of community. For tort action - individual claimant must show special damage

Question 14

Defamation

Answer 14

Defamatory or false statements caused or likely to cause damage to reputation of claimant (financial loss)
Slander (spoken) and libel (written)

Question 15

Requirements for defamation

Answer 15

1. Statement was defamatory - lowered the plaintiff in the estimation of right thinking people
2. Statement referred to claimant
3. Statement was published

Question 16

Defences to defamation

Answer 16

Truth
Honest opinion
Publication on matter of public interest
Absolute privilege, qualified privilege, unintentional defamation

Question 17

Remedies in tort

Answer 17

Damages

Injunction - prevent defendant from doing something