Tort Flashcards
Essentials of a contract
Offer and acceptance
- Intention to create legal relations
- Capacity of the parties
- Consent must be genuine
- Consideration
- Legality of object
- Possibility of performance
Invitations to treat
An invitation to make offers.
- Display in shop
- Advert
Termination of an offer
Death before acceptance
- Expiration of time stipulated in offer, or a reasonable time
- When revoked before acceptance
- When rejected by offeree
Revocation of offer
- Must be communicated to the offeree before acceptance
- Directly or indirectly
- If the offeree knows the offer has been revoked then the acceptance will not be valid
Negligence test
The defendant was owed a duty of care
- There has been a breach of that duty
- As a result the plaintiff has suffered damage
The Bolam Test
A professional is not guilty if they have acted in accordance with a practice accepted as proper by a reasonable body skilled in that particular art
Defences in tort
Volenti non fit injuria
Reasonable mistake
Necessity
Inevitable accident
Self defence
Statutory authority
Defences in tort
Volenti non fit injuria
Reasonable mistake
Necessity
Inevitable accident
Self defence
Statutory authority
Remedies in breach of tort
Action for unlimited damages
Injunction
Order for repossession
Self help
Vicarious Liability
The main contractor will be liable for the subcontractors actions
Rylands v Fletcher Test
Did the defendent bring onto his land something which could do mischief?
Did it escape?
Did it do mischief?
Defences to ryland v fletcher
Act of God
Act of a stranger
Default of plaintiff
Consent of Plaintiff
Statutory authority
