Topic 1- Introduction to Tort Law Flashcards
Grant v Roche Products (Ireland) Ltd and others [2005] IEHC 161
-depression and suicide after Roaccutane
-defendants offered a sum without admission of liability
-father proceed litigation
-defense argues ‘abuse of process’
-Finnegan P “the determination of liability is on of the objects of proceedings and as there is no admission of liability the Plaintiff is not acting in abuse of process.
Hanrahan v Merck Sharpe & Dohme (Ireland) Ltd [1988] ILRM 629
-plaintiff complained emissions from factory caused damage to property and livestock (nuisance in tort + right to property (Article 40.3))
-argued burden of proof of causation was too onerous, sought to base claim on Const.
-Court prevented as remedy existed in tort, notwithstanding issues with proof, they were bound to lodge action in tort.
-Henchy J- where a tort exists to protect Const right, you should bring the action under that tort, unless thee Tort action is ineffective.
W v Ireland (No.2) [1997] 2 IR 141 (HC)
-failure to execute warrant for the extradition of Fr Brenden Smyth (priest convicted of sexual assault of P)
-warrent issues pursuant to Extradition Act 1965 in April 1993 but not executed until dec
-plaintiff claimed damages for phsychiatric injury claimed to be caused by actions of D in breach of Const. rights and duty of care owed in tort
-FINDING- Costello J identified two types of rights 1. protected by law- courts would not impose a remedy under C unless existing were ineffective. 2. not protected by laws outside C- would result in a remedy of damages for breach of a Constitutional right.
Finlay v Murtagh [1979] IR 249
held that the fact that a person had an
action in contract did not debar him from seeking a remedy in tort also.
