Tort Law

Question 1

Res ipsa loquiter

Answer 1

This is when the circumstances surrounding the negligence are enough to be evidence of careless.

E.g. someone is tripping by a swimming pool because the floor was wet.

Question 2

The elements of establishing negligence

Answer 2

1. Duty of care
2. Breach
3. Damage + caused by breach + not too remote

Question 3

Fairchild v Glenhaven Funeral Services

Answer 3

• Exception to the “but for” rule : multiple potential causes
• It is used because our scientific knowledge cannot be determinative using the but for test, but it would be still be unjust not to award damages.

Question 4

Nuisances

Answer 4

• Private nuisance : any unlawful interference with a person’s reasonable enjoyment of land or some some right over it.
• Rylands v Fletcher : protects an occupier againts interference due to an isolated escape from neighbouring land.
  
  • 1. D brings something onto their land capable of damage.
  • 2. It escapes.
  • 3. The escape happens while the land is being used in an extraordinary and unsual way.
  • 4. Causes foreseeable damage.
• Public nuisance : a crime, enforced by state. Harm is suffered by the community, but individuals can claim where they have suffered particular harm.