Law of Torts
Nature of Tort
Civil
Provides compensation for a victim who has been harmed by a tortious act
Brought about by the victim
Tort and Breach of Contract
Breach of duty
Remedy of damages
Unliquidated (not fixed)
Classification of Torts
Protect
Defamation
Trespass to the person
Private nuisance/Trespass to Property
Intellectual Property
Must be a form of injury or damage
Necessities
Intentional
Deceit
Negligence
Strict Liabilities
neither intentional/negligent
Malice or Motive
Trepass
To the person
Assault
Battery
False Imprisonment
Follow through with threat
Threat
Wrongful
To goods
Stealing
Conversion
Receiving stolen goods
Torts (Interference with Goods) Act 1977
To Land
Direct Interference
Intentional
Unlawful entry/ remaining or causing damage
In Insurance
Doesn't cover deliberate attacks
Separate Terrorism policy
Negligence
Duty of care
Donoghue v Stevenson
Neighbour Principle
Actions can affect someone else
Must be close to forsee it
Proximity
Breach of Duty
Fails to do what a reasonable man would
Pass a test for skill
Competence
Magnitude of risk
Damage
Death/ Injury/ Property
Nervous shock and financial loss
Causation and remoteness
Not liable if too remote
Used to be based on causation
Overseas Tankship v Morts Dock (The Wagon Mound)
Take victim as you find him
'Thin Skull'
Smith v Leech Brain
Abouzaid v Mothercare
Remoteness
Reasonable forseeability
Negligent misstatement
Professional Indemnity
Hedley Byrne v Heller
Advice acted on
Economic or financial loss
No physical damage
Spartan Steel and Alloys v Martin & Co
Tort doesn't apply to pure financial loss
Psychiatric illness
Negligence
Suffer from PTSD
Can't be on purpose
Proof
Consequence of physical damage
Nervous Shock
Experience or Witness a case
Page v Smith
mental injury isn't forseeable
Primary
Alcock v Chief Constable of South Yorkshire Police
Secondary not entitled unless
Relationship
Closeness
Experience
Not through TV
White V Chief Constable of South Yorkshire Police
Reasonable steps to protect
Immediate relationship with Victims
Other Sources
Stress at work
Walker V Northumberland County Council
Forseeability
Employer responsible for employees
Phobia
Potential to form illness
Miscellaneous
Nuisance
Public Nuisance
Inconvenience others
Prevents those from using it
Private Nuisance
Individual
Loss of Enjoyment
Noxious things escape or interference with Land
Damage
Cause a change
Establish what is unreasonable
Claimant is land owner defendant causes nuisance
Defences and Remedies
Prescription Act 1832
Less than 20 years old
Insurance
Building Work
Liability
Rylands V Fletcher
Liability can arise when there is no fault or negligence
Strict Liability
Unknown Peril
Defences
consent of claimant
Act of God
Act of Stranger
Statutory Authority
Breach of Statutory Duty
Occupiers Liability Act 1957
Occupiers Liability Act 1984
That the statute was intended by Parliament to allow civil remedy
Claim Compensation from failure to comply with Statue
Impose a duty on the defendant and not a power
Positive Obligation
Prove Statutory Duty Owed to them
Breach of duty by defendant
Damage caused by lack of following statute
Employers Liability
Negligence at common law
Competent Staff
Provide Competent equipment
Safe system of work
Health and safety at work act 1974
Criminal law
Safety at work
Enterprise and Regulatory reform Act 2013
Management of Health and Safety at Work Regulations 1999
Vicarious Liability
Take responsibility on behalf of another
Employer responsible for employees
Barclays Bank V Various 2018
Cox V Ministry of Justice
Sexual Assault
'akin to employment'
quasi employment
tort connected
relationship
Catholic Child Welfare Society and Others v Various Claimants
Compensate the victim
Must be Doing their job
Business Acitivity
Risk of Tort
Under control of the employer
Management Inc v Aprilgrange Ltd 2015
Liability for defective or dangerous premises