Theory of Tort Law

Question 1

what are the rules for fault in tort law?

Answer 1

• negligence-breach of duty
• negligence-economic loss and negligent misstatements-d giving negligent advice
• negligence-psychiatric injury-fault shown as c has to first shown d has been negligent
• occupier’s liability-fault shown through breach of duty

Question 2

what is the rules for strict liability in tort law?

Answer 2

• private nuisance-not necessary to show that the neighbor causing the interference was at fault
• (Rylands v Fletcher)-c does not have to show neighbor was at fault
• vicarious liability-fault is with employee

Question 3

what are the public policy factors governing the imposition of duty of care in negligence?

Answer 3

• main principle is to limit new categories of negligence
• (Caparo v Dickman)-3 part test
• prevents floodgates of litigation
  
  • (Watson British Boxing Board of Control)
• 3rd test-fair just and reasonable -often shows duty does not exist-(Hill)
  
  • more recent case-(Robinson v Chief Constable of West Yorkshire)-overrules

-Ambulance-(Kent v Griffiths)

Question 4

what are the public policy factors governing the imposition of liability in negligence for economic loss?

Answer 4

-loss does not come from personal injury or damage to property

• rules come from (Spartan Steel v Martin)
  
  • financial or economic loss traditionally compensated through law of contract
  • allowing it would lead to floodgates opening in similar cases-validity of such claims could be difficult or impossible to check
• reasons for decision-helps to provide business with a framework so it can plan its activities and future liabilities
• against-should be no more difficult to check claims for loss of profit than any other claim-could be argued it is morally justified to compensate c who has lost money through no fault of his own

Question 5

what are the public policy factors governing the imposition of liability in negligence for psychiatric injury?

Answer 5

• (Alcock v Chief Constable of South Yorkshire)-tests for secondary victims
• reason for tests-prevent floodgates opening to too many claims-Hillsborough

-against-seems there are too many difficulties to prevent genuine Cs making a claim:
1st test-only close relationship to V can claim
2nd test-proximity in time
3rd test-proximity in space
-due to a sudden event