Tort Flashcards

You may prefer our related Brainscape-certified flashcards:
0
Q

Name the three types of trespass to the person

A

False imprisonment
Assault
Battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

Name the 3 types of trespass?

A

Trespass to land
Trespass to a person
Trespass to goods

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Define false imprisonment

A

The infliction of bodily restraint on another without lawful justification.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Name a false imprisonment case

A

Bird v jones (1845)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Define trespass to land

A

The interference with the possession of land of another without lawful justification

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Name the three forms of trespass to land

A

Entry
Remaining
Placing objects

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Name the two types of nuisanc

A

Public and private

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Define private nuisance

A

An unlawful interference with mans use of his property or with his health and comfort

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Define public nuisance

A

An unlawful act which endangers or interferes with the lives, safety or comfort of the public

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Name the three stages of proving a negligence claim?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

The claimant can not recover damage unless….

A

1) the damage was directly cause by the defendant

2) that the defendant could foresee that damage would be caused

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the neighbour principle?

A

You owe a duty of care to anyone who is considered your neighbour

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Define who your neighbour is?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

When dealing with a nuisance claim you have to look at…..

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

If a group of people want to bring a claim in public nuisance…..

A

They would need an aterny general to bring the claim forward

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Name a public nuisance case

A

Castle v Augustine’s links - golf balls were constantly being hit into the nearby road, one hit castle and he lost an eye. He sued the golf cause and won because the golf balls were a danger to all road users

16
Q

What is a prescriptive right?

A

When someone has been doing something for a long time ie. cutting through a hedge

17
Q

Who came up with the neighbour principle?

A

Lord atkin after donoghue v Stevenson

18
Q

Which case refined the neighbour principle?

A

Capro v Dickmen

19
Q

What did capro v dickman refine the neighbour principle too?

A

As well as the foreseeability of causing ahem the individual needs to be proximate and that it is just fair and reasonable to impose a duty of care