Tort Law

The Law of Torts

Torts are civil wrongs that are actioned usually by a claim for compensation

Torts include

Trespass

Defamation

Negligence

Nuisance

Sometimes a civil claim can be successful even when the criminal claim has failed

Civil wrong requires a lower burden of proof

Negligence

For a successful claim for negligence they have to show three things

Duty Breached

Damage was caused

Duty of Care

Concept of the Reasonable Man: A standard by which the concept of negligence is judged

Egg shell skull principle: Claimant has to be taken as he is found, so damages claims may increase as a result of a pre-condition with the claimant

Practicality and Costs: Sometimes the courts will take into account the costs of making something safe against the likelihood of the damage caused

Res Ipsa Loquitur: The principle that the mere occurrence of some types of accident is sufficient to imply negligence

Damages: (Remoteness) Damages can only be claimed for something that was reasonably foreeeable

Defence to Negligence

Contributory Negligence

May reduce considerably the amount of damages claimed

Operates as a partial defence whereby the courts can apportion loss between the parties

More attractive option to the courts than other defences

Nuisance

Can occur privately or publicly

Results in continuing interference with your property

Private

Public Nuisance

Trespass to the Person

Battery

Physical Contact that occurs with an assult

Assault

Only requires the reasonable apprehension of violence

Defamation

Action of damaging the good reputation of someone

Slander or libel

The Defamation Act 2013: Offers significant protection for members of the press, scientist and academics looking to publish material without fear of prosecution

Libel: The written word, including social media

Slander: Verbal words which diminish the reputation of an individual in the eyes of the reasonable man

Accountants and Negligence (Duty Care)

Case: Hedley Byne v Heller and Partners (1963)

Gross Negligence Manslaughter

Criminal offence

Lead to a civil claim for damages

From of involuntary manslaughter where the defendant is ostensibly acting lawfully

Involuntary manslaughter - Where the defendant has caused death but neither intended to cause death nor intended to cause serious bodily harm

Contributory negligence occurs when the person claiming damage has also contributed to the issue which caused damage

How is reasonableness determined when defining the remit of negligence

Reasonableness is a question of fact but there are some benchmatks

Egg shell principle:

If you hurt someone through negligence who is already injured, compensation is paid at the compound of the injuries

Paris v Stepney