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2 - Types of Tort (Negligence (Breach of duty (Greater the risk of…
2 - Types of Tort
Negligence
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Negligent misstatement
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Professional people who gave bad advice could only be sued by those they had a contractual relationship with
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Breach of duty
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Greater the risk of activities carried out, the greater the care expected of defendant
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Psychiatric illness
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Other sources
Stress
Employer may be vicariously liable, if harassment in tort would be actionable against perpetrator
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Trespass
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Trespass to goods
Conversion
More than interference, e.g. theft
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Act of defendant must directly cause injury, damage or loss
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Defamation
Defamatory statement
One that is false and exposes claimant to 'hatred, ridicule or contempt', harming their reputation
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Damage
Must have financial impact, such as loss of employment or of a contract
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Forms
Libel
Defamatory statement in permanent form, i.e. the written word
Slander
Statement is in non-permanent form, e.g. speech
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Breach of statutory duty
Unlike these torts, some are the product of state law
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Nuisance
Public nuisance
Activity which causes inconvenience, annoyance or interference relating to public rights
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Must prevalent is nuisance on the highway, e.g. by blocking it
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Private nuisance
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Remedies
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Can also use reasonable 'self help', e.g. cut branches from tree
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