The Rules of the Law of Tort and Theory in the Law of Tort Flashcards
In what area of law is tort found?
- Common law
Give 3 examples of torts
- Trespass
- Nuisance
- Negligence
In what case did the tort of negligence originate?
- Donoghue v Stevenson (1932)
How might your private interests be infringed when walking along a pavement?
- Driver using mobile phone could lose concentration, mount the curb and hit you
How might your private interests be infringed when driving your car?
- Another car could drive into the back of you
How might your private interests be infringed when sleeping at night in bed?
- Neighbour could be playing loud music, keeping you awake
How might your private interests be infringed when you drink a ginger beer?
- Snail (cough cough)
How might your private interests be infringed when the quickest way to the shop is through your front garden?
- Neighbours could cut through without permission
What are five different torts?
- Private nuisance
- Defamation
- False imprisonment
- Trespass to land
- Trespass to the person
What is the tort of private nuisance?
- An interference with a person’s enjoyment and use of his or her land without lawful justification
What is the tort of defamation?
- A false statement that ridicules a person in the eyes of right thinking members of society
What is the tort of false imprisonment?
- Depriving a person of freedom of movement without lawful justification
What is the tort of trespass to land?
- Entering the land of another without lawful excuse
What is the tort of trespass to the person?
- A direct and intentional act of assault, battery or false imprisonment
What’s the difference between fault liability and strict liability?
- Fault liability refers to situations where a person will only be held liable if they were at fault. In most torts, fault must be shown to for the defendant to be liable
- Strict liability refers to situations where a person will be held liable even if they were not at fault
A person is riding is riding a bike when a speeding car mounts the pavement and hits them. They suffer a broken leg and have to stay off work for weeks. The driver is being prosecuted for dangerous driving. Is there a way they can claim compensation for the pain they are suffering as well as loss of earnings? What if their mum saw and developed depression as a result of the upset? Does the driver owe her a duty of care?
- Yes, under the tort of negligence, the driver of the car owes other road users a duty of care
- The driver also owes the mother a duty of care as it is reasonably foreseeable that his/her negligent acts or omissions could have caused this harm to the mother
What are general and special damage?
- General - injury only
- Special - things lost or damaged that can actually be given a value
What was decided in Rylands v Fletcher?
- The owner of a property can be held liable for the escape of a non-naturally held thing that causes damage
Is the ruling in Rylands v Fletcher a tort based on fault or strict liability?
- Strict liability
The decision in what case has introduced an element of fault to the rule in Rylands v Fletcher? What is the fault?
- Cambridge Water Co v Eastern Counties Leather PLC (1994)
- There must be foreseeability of damage
What happened in Cambridge Water Co v Eastern Counties Leather PLC (1994)? What was held? Was the defendant liable? Why?
- The defendant’s leather tanning business resulted in solvent making its way into the soil, thereby contaminating the claimant’s borehole
- The defendant was held to not be liable as it was too remote. It was not reasonably foreseeable that the borehole would have to close
What is retributive justice? What is it based on? What is its aim?
- Based on punishment
- Aims to prevent wrongdoing
What are the five justifications of tort?
- Provides the means for a person to obtain compensation for the damage caused by the wrong committed (corrective/restorative justice)
- Creates an incentive for people and companies to avoid committing acts or omissions that might hurt others (makes people more careful therefore making society safer)
- People who suffer injuries and are unable to claim compensation may have to go on benefits, which will cost the taxpayer money
- Supported by the concept of the Rule of Law (e.g a claimant unlawfully detained by the police can bring an action for unlawful imprisonment)
- In some circumstances, a court can award damages to punish the tortfeasor (e.g exemplary damages can be awarded to send a message)
What are the five criticisms of the system of tort?
- It is creating a compensation culture
- Claims of negligence brought against the NHS cost the taxpayer a lot of money
- Not many people have the money to bring an action in tort and legal aid is rarely available for it
- Rylands v Fletcher has been criticised for not requiring fault on the part of the tortfeasor
- The system may be abused by people making fraudulent claims
