Tort Law Flashcards
What is a tort
A tort is when somebody has suffered a civil wrong either a loss, injury or damage. Usually remedied with compensation however can also be an injunction
Remedies in tort law
2 types of damages:
Special Damages- can be specifically calculated
General Damages- rough estimate
Balancing public interest with private interest
Miller v. Jackson (1977) : a couple complained about cricket balls in their garden from a neighbouring cricket club
Negligence
An act or failure to act which causes injury or damage to another person or their property
. Blythe v. Birmingham: “failing to do something which a reasonable person would or would not do”
The Caparo Test
A 3 part test replaced by the neighbour principle:
.was the damage or harm foreseeable?
.Is there proximate relationship between claimant and defendant?
.Is it fair and just to impose a duty?
Caparo v. Dickman: established the Caparo test and statutory accounts.
Robinson’s Case
Was a case which introduced the neighbouring principle. Case consisted of a 75 yr old woman who was caught in the collateral damage of a police pursuit of a drug dealer. Established that Caparo test need only be used in new and novel cases
Kent v. Griffiths
Covers damage and foreseeable harm
Barnhill v. Young
Covers Proximity of relationship
Bill v. Chief Constable of West Yorkshire
It was ruled unfair for officers to have duty of care in pursuit. Covers fairness in imposing a duty
Breach of Duty
Claimant must prove that a duty of care is owed and secondly that it has been breached eg Bolam v. Fiern
2 questions asked when reviewing breach of duty
Does the defendant’s conduct fall below ordinary?
Is there a substantial body of opinion within a profession that would support the course of action taken by the defendant?
Breaches of duty within medical cases
The actions of doctors and individuals within the medical profession are judged as breach of duty or not by professionals within the profession eg R v. Adamako
Other breaches of duty
Learner driver and claims eg Nettleship v. Weston
Children and young people eg Mullin v. Richards
Res ipsa loquitar
The thing speaks for itself
In ‘res ipsa loquitar’ cases what does the claimant need to prove
The defendant was in control of the situation that caused injury
The accident would not have happened but for the defendant’s negligence
There is no other explanation for the injury
Factual Causation and the ‘but for’ test
Must be proved that if it wasn’t but for the action or omission of the defendant the outcome would not have occurred eg Barnett v. Chelsea
Remoteness of damage
Was the damage or consequence foreseeable. Is measured by the ‘Wagon Mound’ Australian case
Legal Causation
Where an intervening event can break the chain of causation.
“Novis actus intervienes”- where an event unrelated to the original chain of causation occurs ultimately ruling it as the prime suspect of the outcome
Take your victim as you find them
If the claimant has a pre-existing condition that was worsened by the outcome. Then the defendant can be held liable
What is occupiers liability
Field of tort which concerns the duty of care owed by those who occupy real property through ownership or lease to people who visit or trespass
2 acts of occupiers liability act
Occupiers Liability Act of 1957 deals with lawful visitors
Occupiers Liability Act of 1984 deals with trespassers
What is an occupier and premise
Occupier is referred t as someone in control of a premise
A premise is defined as as a fixed or movable structures, vessels, vehicles or land
Who does lawful visitors refer to
Invitees
Licensees
Those with contractual permission
Those with statutory rights to entry- police
Laverton v. Kipasha takeaway supreme
Responsibility of the occupier to make sure the visitor is safe
