Tort Law

Question 1

What is a tort

Answer 1

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

Question 2

Remedies in tort law

Answer 2

2 types of damages:
Special Damages- can be specifically calculated
General Damages- rough estimate

Question 3

Balancing public interest with private interest

Answer 3

Miller v. Jackson (1977) : a couple complained about cricket balls in their garden from a neighbouring cricket club

Question 4

Negligence

Answer 4

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”

Question 5

The Caparo Test

Answer 5

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.

Question 6

Robinson’s Case

Answer 6

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

Question 7

Kent v. Griffiths

Answer 7

Covers damage and foreseeable harm

Question 8

Barnhill v. Young

Answer 8

Covers Proximity of relationship

Question 9

Bill v. Chief Constable of West Yorkshire

Answer 9

It was ruled unfair for officers to have duty of care in pursuit. Covers fairness in imposing a duty

Question 10

Breach of Duty

Answer 10

Claimant must prove that a duty of care is owed and secondly that it has been breached eg Bolam v. Fiern

Question 11

2 questions asked when reviewing breach of duty

Answer 11

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?

Question 12

Breaches of duty within medical cases

Answer 12

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

Question 13

Other breaches of duty

Answer 13

Learner driver and claims eg Nettleship v. Weston
Children and young people eg Mullin v. Richards

Question 14

Res ipsa loquitar

Answer 14

The thing speaks for itself

Question 15

In ‘res ipsa loquitar’ cases what does the claimant need to prove

Answer 15

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

Question 16

Factual Causation and the ‘but for’ test

Answer 16

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

Question 17

Remoteness of damage

Answer 17

Was the damage or consequence foreseeable. Is measured by the ‘Wagon Mound’ Australian case

Question 18

Legal Causation

Answer 18

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

Question 19

Take your victim as you find them

Answer 19

If the claimant has a pre-existing condition that was worsened by the outcome. Then the defendant can be held liable

Question 20

What is occupiers liability

Answer 20

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

Question 21

2 acts of occupiers liability act

Answer 21

Occupiers Liability Act of 1957 deals with lawful visitors
Occupiers Liability Act of 1984 deals with trespassers

Question 22

What is an occupier and premise

Answer 22

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

Question 23

Who does lawful visitors refer to

Answer 23

Invitees
Licensees
Those with contractual permission
Those with statutory rights to entry- police

Question 24

Laverton v. Kipasha takeaway supreme

Answer 24

Responsibility of the occupier to make sure the visitor is safe

Question 25

Occupiers liability to children

Answer 25

Extra special care since children are less careful than adults eg Glasgow Corporation v. Taylor
Sometimes occupier not found liable if child was left unattended
‘Allurement’ is something to attract a child’s attention eg Jolley v. Sutton

Question 26

Occupiers liability to people carrying out trade or calling

Answer 26

If tradesman is working in premises then the occupier will owe a duty of care
Trade must cause injury otherwise occupier is not held liable

Question 27

Occupiers liability for torts of independence confessors

Answer 27

If a lawful visitor is injured by a tradesman negligent work the there is a case where the occupier may be able to pass defence on them instead. 3 requirements must be met:
The work must have been specialist or complicated
The contractor hired must be competent
The occupier needs to check that the work has been done properly eg Woodward v. Mayor of Hastings

Question 28

Defences to a claim by a lawful visitor

Answer 28

Contributory negligence
Volenti
Warning notices
Exclusion Clauses

Question 29

Liability for trespassers

Answer 29

Age of trespasser may be taken into account
Must be aware they are in the vicinity of danger

Question 30

Factors affecting liability

Answer 30

No liability if danger is obvious and trespasser is an adult
No liability if occupier is unaware of trespassers presence

Question 31

Differences between 1957 and 1984 acts

Answer 31

1957 act allows for personal injury and damage to property claims whereas 1984 act only allows for personal injury

Question 32

Defences to negligence claims

Answer 32

2 main defences:
Alleging the claimant is partly to blame for their injuries (volenti)
Alleging the claimant consented or agree to accept risk of harm

Question 33

Contributory negligence

Answer 33

Is a partial defence set out in the Law Reform Act 1945 eg Sawyer v Harlow

Damages can also be reduced if claimant has played a part in the injury- not wearing seatbelt, failing to wear crash helmet eg Stinton v. Stinton

Question 34

Consent (volenti)

Answer 34

If the claimant consented to the risk. It may be demonstrated that:
There was knowledge of the risk involved,fed
Exercise free choice by the claimant
Stermer v. Lawson

Question 35

Cases in relation to occupiers liability regarding children

Answer 35

Jolley v. Sutton
Glasgow v. Corporation
Phipps v. Rochester

Question 36

Remedies in tort

Answer 36

Special Damages
General Damages
Lumpsums and structured settlements
Mitigation of loss
Injunctions

Question 37

Aims of compensation

Answer 37

To put claimant back into a position they were in before the tort has been committed

Pecuniary loss- when loss can be measured purely in monetary terms
Non-Pecuniary loss- is when loss cannot be measured solely in a sum of money