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Session 1: Introduction to Law of Tort and Civil Obligations - Coggle…
Session 1: Introduction to Law of Tort and Civil Obligations
What is the Law of Tort?
Is a part of Civil Law and simply put is the law of wrongs
Tort is defined as a civil wrong or breach of duty to another person where the courts will impose liability and provide compensation for personal injury and property damage caused by the breach of tort duties
While most tort duties are common law based, there are increasing tort duties imposed by statute as well - Defamation Act (Chapter 75)
Tort compared with Other Laws
Criminal Law and Tort
Key differences between crimes and torts
Note that the objective of tort is not so much as to punish the wrongdoer or also known as the tortfeasor, but to compensate the claimant or the injured party
There is some overlap between criminal law and tort - an assault is both a crime and a tort
Whereas criminal law is not
Contract Law and Tort
Note that tort is not contractual in nature. Contract law seeks to enforce the rights which arise out of an agreement (parties have voluntarily agreed to be bound by its terms) whereas in tort law the duties imposed do not arise from any agreement between the parties
Some similarities include the standard of proof and the fact that both are part of civil law
Categories / Classifications of Tort
Negligence Tort
Occurs when a party fails to demonstrate the kind of care a prudent and reasonable person would take in he same situation and an injury results from the action or inaction
Intentional Tort
Refers to an act that is intentionally committed against another person with the aim of causing harm
Some examples of intentional torts include: nuisance, assault, battery, conversion, false imprisonment, trespassing, breach of confidence and invasion of privacy
Strict Liability Tort
Essentially refers to torts that are based on strict or absolute liability. This is the legal responsibility for damages or injury, even if the person was not at fault or negligent
Under strict liability, there is no requirement to prove fault, negligence or intention
This is most commonly associated with product liability - defectively manufactured products
Traditionally however, strict liability has been applied for damages caused by animals
Other types of Torts
Economic Torts
Also known as business torts, these provide the common law rules on on liability which arise out of business transactions such as interference with economic or business relationships and are likely to involve pure economic loss
The traditional list of economic torts include: conspiracy, unlawful interference with economic interests, intimidation and inducing a breach of contract
Wider definition includes: Malicious falsehood, passing-off and even infringement of copyright and patents - part of IP Law
Defamation
Refers to any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard or confidence in which a person is held; or inducing disparaging, hostile or disagreeable opinions or feelings against a person
Breach of Confidence
Refers to a tort that is committed where one party, who is in possession of confidential information discloses that information to another party without the consent of the confidant
This is particularly useful where an ex-employee wrongfully uses trade secrets or confidential information of his ex-employer for he benefit of his new employer
A trade secret is information that is important to the business or company and is not known to the public. It is a term often used to cover information that has commercial value and can include for example. a method or technique that would give a business or company an edge over its competitors
3 Requirements
Confidential Information
Duty of Confidence
Unauthorised use of information
Right to Privacy
Campbell v MGN (2004)
Tort of Passing Off
Definition provided in the case of Erven Warnink Besloten Venootschap v. J. Townend & Sons
Occupiers Liability
This is the liability that applies to occupiers of premises to take reasonable care to ensure that the premises are safe for those who are on it
The occupier is a person who has some degree of control over the particular premises. This control usually includes some influence over he state of the premises, and the power of permitting or prohibiting entry by other persons
The standard of care that an occupier owes would depend o he types of entrants - invitees, licensees and trespassers. The occupier owes varying standards of care to these 3 different entrants where invitees were owed the highest duty, followed by licensees and trespassers
Nuisance Law and Harassment
Nuisance Law (Tort)
An unreasonable and/or substantial interference with a person's use and enjoyment of her real property by actions on nearby real property
Is governed by both common law and statute as well - Section 14 of the Miscellaneous Offences (Public Order and Nuisance Act)
Harassment
Is governed by common law and Statute - Section 13 A of the Miscellaneous Offences (Public Order and Nuisance) Act
Any person who in a public place or in a private place, with intent to cause harassment, alarm or distress to another person:
a)
uses threatening, abusive or insulting words or behaviour
b)
displays any writing, sign or visible representation which is threatening, abusive or insulting
thereby causing that person or any other person harassment, alarm or distress, shall be guilty of an offence
Vicarious Liability
This is where someone else is held responsible for the actions or omissions of another
For example: An employee may be liable for the acts or omissions of its employees where the wrongdoing was committed by the employee in the course of their employment
Breach of Statutory Duty
his is where statute imposes a duty on a particular party and there has been a breach of that duty
The issue is whether an innocent party who has suffered a loss as a result of the breach can sue for his loss
Example: Section 63(b) of the Building Management and Strata Management Act