rules and theory of tort law

Question 1

fault

Answer 1

tort based on negligence require fault to be proven

Question 2

negligence

Answer 2

d broke their duty
fault must be proven to establish defences such as consent

Question 3

occupiers liability

Answer 3

breached duty to visitor
prove fault to establish defences such as consent

Question 4

economic loss

Answer 4

proving negligence through misstatement
show existance of a special relationship to prevent floodgates of litigation

Question 5

psychiatric injury

Answer 5

prove negligence
c suffered sufficent psychiatric injury

Question 6

strict liability

Answer 6

some torts do not require fault
nuisance and rylands v fletcher and vicarious liability

Question 7

nuisance

Answer 7

no fault when showing neighbour caused interfence
malice will involve fault

Question 8

rylands v fletcher

Answer 8

just prove material was stored and escaping causing damage no fault

Question 9

vicarious liability

Answer 9

fault of the employee who caused the loss of injury
fault of the employer does not have to be explicitely proven to make the employer liable
could be said employer is at fault as they should have supervised the employee and chosen the correct person

Question 10

defences

Answer 10

consent- complete defence
contributory negligence- reduced due to c’s fault
warning notices- complete defense

Question 11

remedies

Answer 11

if d is at fault normally ordered to pay compensation
morally right to pay comepnsation
purpose to put c back in the position they were in before
amount of compensation does not reflect fault
this is morally unfair

Question 12

public policy factors for duty of care

Answer 12

3 part caparo test
question of duty of care is not an issue
provides a broad framework and will only be required in novel situations
reason for it is to prevent the floodgates of litigation opening
watson v bbb- boxer was injured and suffered brain injuries, using caparo test he was owed a duty
hill v ccowy- not fair just and reasonable
the courts are prepared to set rules to protect civil claims

Question 13

policy factors governing pure economic loss

Answer 13

spartan steelv martin
no duty to comepensate for loss of profit:
1. financial loss is compensated through contract law
2. could open the floodgates of litigation
could be argued to be morally justified to compensate claimants who lost money