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