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Summary Tort Law
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A summary on Tort Law based on UWE lectures and Jim Mason's Construction Law textbook.
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TORT LAWProtection of interests:
- Physical
- Property
- Dignitary
When do we have Tort?
Protected Interest
Fault
Harm caused
Act
Breach
Causation (breach caused damage)
Damage
Three Main Components:
DUTY
BREACH
LOSS
Negligence-Based Tort
- Duty to take reasonable care
- Careless behaviour
Donoghue v Stevenson
“Neighbour Principle” – reasonable care to avoid acts or omissions
that you can reasonably foresee would be likely to injure your
neighbour.
“Three Stage Test” – Was there a duty of care?
- Was the duty breached?
- Has loss been suffered as a result?
Duty of Care
Three-fold test:
Harm was reasonably foreseeable
Parties are closely & directly affected
Fair, just & reasonable to impose a duty
Breach
Reasonable man test:
Would a reasonable man have acted in that manner?
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