This Revision Booklet Includes:
- Law of Tort
- Negligence (duty of care, breach of duty, and causation, remoteness and damages)
- Negligence Psychiatric harm
- Pure economic loss
- Vicarious liability
- Trespass
- Nuisance
- Rylands V Fletcher
- Defamation
- Negligence Unborn Childre...
,What is a tortious act?- A wrongful act against an individual or body and Elements of Tort- Tort consists of an act or omission by the def
there property. Involves an individual acting carelessly and not taking the caused damage to the claimant. The damages must be caused b
relevant precautions resulting in damage. The motive of a tortious act is the defendant and must be a kind of har recognised as attractiv
irrelevant. A tortious act can also be described acting outside of civic Act or omission + Causation + Fault + Protected Interest + Dama
responsibility. A tort is a civil wrong that is committed against an
individuals interests which are protecting by law entitling them to an award What does the law of tort deal with?- Deals with clai
of damage. private persons against others.
What is the main objective of tort?- The main objecti
The development of the Law of Tort- Predominantly development the law of tort is compensation.
has been in favour of claimants, indicative of a developing society
attempting to meet citizens needs more efficiently. Two major steps: Interests protected by the Law of To
1. Donoghue V Stevenson (1932)- Case involving snail in ginger 1. Personal Security- Involves assau
beer. This case set the general liability for unreasonable danger. imprisonment and nervous shoc
2. Hedley Byrne & Co V Heller and Partners (1963)- Case involving a The law of Tort 2. Interest in Property- Involves nu
to land and Ryland and Fletcher.
misleading bank reference. And lead to liability for unreasonable
and damaging conduct to the claimants finances. Created an 3. Economic interests
exception to the general rule that pure economic loss could not 4. Reputation and privacy- Involves
be recovered in tort if caused by negligence statement. 5. Role of policy- policy justification
for some decisions, this is due to
political, economical factors or im
Tortious Liability arises from ….
1. Trespassing on land or good- involves an inference with ownership
Unintentional and intentional torts:
2. Tort of defamation- involves injury to business or personal reputations by saying
Unintentional tort occur when a person committed t
false statements about them.
intention usually by accident or carelessness. Such to
3. Tort of Nuisance- Involves inferences with enjoyment or use of land.
negligence, occupiers liability, vicarious liability, stric
4. Damage to land or person- involves torts of Negligence and trespass to the person.
commercial negligence.
5. Damage to commercial interests- involves tort of deceit, passing off an inducement
Intentional torts is when a person makes a decision t
of breach of contract.
act, although not always intended to harm. Such tor
6. Usually ‘fault based’ liability- Involves strict liability and vicarious liability offences
assault & Battery, false imprisonment, defamation, t
and the rule in Ryland V Fletcher.
nuisance.
, Objectives of Tort: Compensation Culture Human Rights and the Law of Tort
1. Deterrence- Having to pay out should deter future The phrase refers to a state The judiciary is required to consider the
tortious acts. Although there is question as to how whereby people assume that Act 1998 in their decision. A key article is
effective deterrence is as an objective, especially they are automatically ‘It is unlawful for a public authority to act
with the use of insurance. It is also argued that entitled to compensation for which is incompatible with a convention
criminal consequences and reputational loss are the slightest thing. have to ensure compatibility with Human
more effective. provisions.
2. Accountability- tort makes people responsible for
civil wrongs.
3. Compensation- allocated to the injured party. Has Insurance in tort
been criticised as is a slow procedure and there is a What is the role of insur
lot of uncertainty as to whether compensation will The law of Tort out when there is a claim
be allocated. There is also concern about whether claimant to e compensat
there is now a compensation culture. 3 systems for appellant paying outrigh
victims compensation: claimant especially when
1. Public Insurances The Fault Principle in Tort- It is not enough
for the claimant to claim that the defendant is unable to pay out.
2. Law of Tort Insurance and the objecti
3. Private Insurance caused the damage to succeed in a claim.
Therefore, in order to have a sufficient claim deterrence- Arguably ins
the claimant must also show either: watered down the effect
Criminal Actions Vs Civil Actions: deterrents as insurers pa
Intention- Usually means acting knowingly or
Criminal actions are brought by the government. The of the appellant means t
deliberately- Example, trespassing or
government is known as the prosecution, the prosecution has face or feel the full conse
interference with goods.
the burden of proof which is beyond reasonable doubt. The their actions.
Negligence- Usually means carelessness-
defendant losses their case if the are found guilty and the usual Insurers right of Subroga
Example, the negligent driver or doctor
penalty is a prison sentence has the right to pay the d
Malice- Must be doing a wrongful act
Civil Actions are brought by private citizens. The person bringing behalf of the insured per
intentionally without proper excuse. Or to
the action is known as the plaintiff and the plaintiff has the makes its own claim aga
act lawfully, but with some collateral or
burden of proof. If the defendant losses it means that they are have caused the loss or c
intended motive. Example- Malicious
found liable and the usual penalty is money damages.
prosecution and defamation.
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