Tort Structure

Question 1

Negligece

Answer 1

1. Duty
   * Forseeablity
   * Proximity
   * Fair, Just and reasonable
2. Breach
   * Age
   * Risk Factors
3. Damage
   * But for test
   * Remoteness
4. Defences
   * Cong Neg
   * Volenti
5. Damages
   * Purpose
   * Special/General

Question 2

Psychiactric Harm

Answer 2

1. Underlying tort
2. Primary or secondary victim
   * Close ties of love and affection
   * D at scene at time or immediate aftermath
   * Own undaided senses
   * A person with resonable fortitude would have suffered same reaction
3. Causation
4. Damages

Question 3

Economic Loss

Answer 3

1. Generally no claim for pure economic loss only consequential
2. Only pure economic loss drom Negligent Misstatement
3. Duty
   * Special knowledge or skill
   * D must know C will rely on statement
   * C does rely on statement and therby inccurs loss
   * Reliance was resonable in the circumstances
4. Breach
   * Advise was such that no reasonable advisor would give it
5. Damage

Question 4

Vicarious Liabilty

Answer 4

1. Underlying tort
2. Is D an employee
   * Control
   * Personal performance
   * Mutality of obligation
3. Are they acting in the course of employment
   * Authorised act & authrorised way to unauthorised act but closely connected to work
4. D has all defences

Question 5

Occupiers Liablity

Answer 5

1. D must have ownership or control of the land
2. Is C a visitor
3. Common duty of care
   * Reasonably safe for purposes invited
4. Standard of care
   * Take reasonable steps
5. Defences
   * Volenti
   * Contributory Negligence
   * Warning signs

Question 6

Non-Visitors OLA

Answer 6

1. Duty
   * Known of the danger arising from premisies
   * Know of the presence of tresspassers
   * Risk is one that ought to be reasonably gaurded against
2. Defence
   * Warning signs?
3. Damage

Damage can only be personal

Question 7

Private Nusisnace

Answer 7

1. C Needs proprietary inerest
2. D- Creator or adopter of nusinace
3. Must be interferance
4. The interferenace must be unlawful
5. Factors
   * Location, duration, frequency,extent, malice
6. Defences
   * Prescription
   * Performance of statutory duty
   * Act of God
   * Act of stranger
   * Consent
   * Contributory neglignce

Question 8

Rylands V Flecther (Subset of Private Nuisance)

Answer 8

Identify claimant and defendant as normal private nuisance
Accumilation
Non-Natrual use of land
Dangerous thing
Escape
Foreseeable damage
Remedies-Damages