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TORT - Coggle Diagram

- - - - Act of God
        
        O'Brien V Parker (1997)
        
        Court Held: TOTAL DESTRUCTION OF VOLUNTARY CONTROL WAS REQUIRED, partial, impaired or reduced was insufficient. Failed to stop driving with temporal lobe epilepsy
      - Stanley V Powell (1891)
        
        Court Held: Bullet ricocheting off a tree & injuring PL could not have been avoided by reasonable precautions. Def not liable.
  - - - eg pulling someone from water to avoid drowning
        
        Cope V Sharpe (1912)
        
        Court Held: Trespass to stop spread of fire on neighbour's land was reasonable in the circumstances
  - - - eg Police can ARREST
        
        Provided def can prove damage caused by the action DID NOT ARISE as a result of their NEGLIGENCE
        
        Smith V Wexford County Council (1953)
        
        Court Held: Def had a statutory duty to keep rivers clean but could not have REASONABLY FORESEEN THE POISONOUS NATURE OF THE ROOTS
  - - - Civil Liability Act 2004
        
        up to 2 years
        
        from date of injury
        
        date of knowledge of injuries
  - - - Court Held: Ex turpi. Pl could not claim for injuries sustained while speeding with the defendant
- - - - 2 DAMAGE/LOSS caused to them by the tortious act
      - 1 Def has INFRINGED PL right recognised by law
    - - STRICT LIABILITY
        
        Legal doctrine holds party RESPONSIBLE FOR THEIR ACTIONS OR PRODUCTS, without the PL having to prove NEGLIGENCE OR FAULT
        
        PROVE: harm occurred & occurred because of actions of def
        
        Rylands V Fletcher
    - - Donoghue V Stevenson (1932)
      - O Byrne V Gloucester (1988)
      - Liability for Defective Products Act 1991
        
        Supplements common law principles
    - - Negligence: employed someone to do something for you, sought advice from professional
      - Trespass to the person: Treated by a medical professional who owed you a duty of care
      - Nuisance: You are (usually) the landowner
      - Defamation: Your reputation at stake
      - Trespass: you are the landowner
  - - - Only need show legal right has been infringed eg DEFAMATION & TRESPASS. DON'T need prove suffered loss or damage
    - - Party must PROVE an issue in the dispute
      - PLAINTIFF carries the burden TO PROVE A CAUSE OF ACTION
      - DEFENDENT carries the burden to PROVE elements of DEFENCE or DISPROVE ELEMENTS of the action
    - - BALANCE OF PROBABILITIES PL version MORE LIKELY TRUE THAN NOT
        
        Anything more probable than not is treated as certain
        
        Court applies COMMON SENSE & careful understanding of the logic & likelihood of events.
  - - - REASONABLE PERSON would not have foreseen harm caused by actions, may NOT be liable
        
        The Wagon Mound V Morts Dock and Engineering (1961)
- - - - SPECIAL
        
        Financial losses & medical expenses
      - GENERAL
        
        Non-financial losses eg pain & suffering
    - - INJURY AGGRAVATED by wrongdoer's behaviour
      - ADDITIONAL DAMAGES imposed
    - - ADDITIONAL SUM is awarded where court wishes to PUNISH & DETER FUTURE BEHAVIOUR
  - - - Court order COMMANDS a party to DO SOMETHING
    - - Court order COMMANDS party to REFRAIN FROM DOING SOMETHING
        
        Unlawful picketing
        
        Gaw V CIE (1953)
        
        Court Held: granted to enforce execution of repairs to a footpath
    - - Preserve the status quo UNTIL the action COMES TO TRIAL
        
        SERIOUS QUESTION to be tried
        
        damages would not be ADEQUATE remedy
        
        Balance of CONVENIENCE favours granting