Tort Flashcards
Name the three types of trespass to the person
False imprisonment
Assault
Battery
Name the 3 types of trespass?
Trespass to land
Trespass to a person
Trespass to goods
Define false imprisonment
The infliction of bodily restraint on another without lawful justification.
Name a false imprisonment case
Bird v jones (1845)
Define trespass to land
The interference with the possession of land of another without lawful justification
Name the three forms of trespass to land
Entry
Remaining
Placing objects
Name the two types of nuisanc
Public and private
Define private nuisance
An unlawful interference with mans use of his property or with his health and comfort
Define public nuisance
An unlawful act which endangers or interferes with the lives, safety or comfort of the public
Name the three stages of proving a negligence claim?
1) the defendant owed the claimant a duty of care
2) that the drefendant breached that duty of care
3) as a result of the breach the claimant suffered damage
The claimant can not recover damage unless….
1) the damage was directly cause by the defendant
2) that the defendant could foresee that damage would be caused
What is the neighbour principle?
You owe a duty of care to anyone who is considered your neighbour
Define who your neighbour is?
Anyone who could be affected by your actions
1) any loss they suffer is foreseeable
2) the two people are proximate
3) the court considers it just fair and reasonable to impose a duty of care
When dealing with a nuisance claim you have to look at…..
1) continuity - how long the nuisance has been going on.
2) locality
3) sensitivity of the claimant
4) malice - even if you didn’t intend to do it it’s still nuisance
5) public benefit - if the public would benefit from the nuisance being stopped
If a group of people want to bring a claim in public nuisance…..
They would need an aterny general to bring the claim forward