Class notes
Exam/Revision Notes for Tort Module (University of Law)
- Course
- Institution
Full revision notes used for the GDL Tort open book exam.
[Show more]
Seller
Follow
nehavohra
Content preview
Neha Vohra - 2021Tort Law
Topics
• Introduction to tort
• Introduction to negligence; duty of care; breach of duty
• Causation; defences; contribution
• Economic loss and psychiatric harm
• Remedies in tort
• Special liability regimes: employer’s liability
• Special liability regimes: occupier’s liability
• Special liability regimes
• Special liability regimes: breach of statutory duty
• Land
, Neha Vohra - 2021
Important#things to remember:
• Children under 18 can sue or be sued but will
conduct litigation through a “litigation friend”
→ usually their patents or guardian (however,
parents will not be liable for damages so usually
pointless to sue a child
• Limitation Act 1980 → statutory limitation
period for which a tort claim can be made
➔ Usually, 6 years from when cause of
action arises
➔ Personal injury claims normally 3 years
, Neha Vohra - 2021
Structure for answering tort problem question
Trespass to the person
BATTERY ASSAULT OTHER INTENTIONAL
HARM
Step 1: Identify all
possible claimants
(first) and
defendants (second)
Step 2: Identify the Identify what happened to Identify what happened to Claimant must suffer a
the claimant the claimant medically recognised
nature of loss for illness or injury
each potential
claimant – what Actionable per se Actionable per se Not actionable per se
harm?
Step 3: Consider Battery = intentional Assault = intentional act Other intentional harm
direct application of by which defendant
which torts are unlawful force on another causes another person to
relevant – define it person reasonably apprehend the
immediate infliction of a
battery upon him
Step 4: Explain the Wilson v Pringle: unlawful R v Ireland: words alone Rhodes v IPO
seems to mean that it is can constitute an assault (reformulated Wilkinson v
elements of the “socially unacceptable” Downton):
relevant tort(s) Tuberville v Savage: 1. Conduct element
which C must prove Direct application: must words can ‘negative’ an words or conduct
flow almost immediately assault directed at claimant -
and without intervention no justification or
from their actions excuse
- No need for 2. Mental element
physical contact intention to cause at
least severe mental or
Can flow from use of a emotional distress
medium controlled by 3. Consequence element
defendant physical harm or
recognised psychiatric
illness
Step 5: Apply the APPLY TO FACTS
law for the relevant
tort(s) to the facts
of the case,
discussing any
particular issues
which might arise
, Neha Vohra - 2021
Step 6: Causation Claimant must prove that the defendant's tort has 'caused' his loss and that the loss
is not 'too remote'
and remoteness
Step 7: Identify any Consent: claimant expressly or impliedly consents to the defendant's act then the
defendant will not be liable in trespass to the person
arguable defences - e.g. surgical operation, participants in sport involving physical contact within
and discuss in rules of game
relation to facts Condon v Basi: consent to conduct which may fall outside the rules of the game but
is nonetheless within the spirit of the particular conduct
Chatterton v Gerson: ‘real’ consent is valid
- cannot be induced by misrepresentation
- disclosure of all risks and nature of conduct/procedure is required
Lawful arrest: police officer can lawfully arrest someone pursuant to a valid warrant
provided the officer only uses reasonable force
Defence of the person: assault and or battery can be justified by the defence of self-
defence or defence of another
Cockcroft v Smith: self-defence → force must be used in self-defence and not as an
act of retaliation, must be reasonable, must be proportionate
Defence of property: May take reasonable steps to defend his property (e.g. Ejecting
a trespasser)
Green v Goddard: this might mean asking them to leave first
Contributory negligence: such as when the claimant 'provoked' the defendant in
some way into committing a trespass
Co-operative Group Ltd v. Pritchard [2011] --> contributory negligence is NEVER a
defence to claims of trespass to the person
Step 8: Reach a
conclusion if
possible, on
whether the
defendants will be
liable
Step 9: Consider
what the possible
remedies are
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller nehavohra. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $19.66. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
62890 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now