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Tort law
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describes tort law and explains the defences
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Mn10442 – feb 11thTort law – ‘tortious liability arises from breach of duty imposed by law and its breach is
resolved by an action for unliquidated damages’
Breach – broken ones obligation
Damages – compensation/money
Tortfeasor – one who commits tort
Tortious – having the nature of a tort, wrongful act
Covers situations such as -
Ø somebody injured in a road traffic accident;
Ø a famous actor libelled by a newspaper;
Ø an employee injured at work;
Ø a landowner who has had a trespasser on his or her land; or
Ø a patient who is injured by a negligent doctor.
The aim of tort damages:
So far as possible, to place the injured party into the position (financially) they would
be if the tort had never been committed.
The common law remedy, as of right, to the successful party.
Time limit to bring claim for damages are –
• 3 years : personal injury
• 6 years : all other torts
Claims for equitable remedies have no formal limits but delay defeats equity.
Defences
Contributory negligence
Volenti non fit injuria
Ex turpi causa non oritur action
Act of God
Personal defence
Necessity
Contributory negligence
Where harm is attributable partly to the fault of the defendant and partly to tht of
the claimant
Any award of damages may be reduced by reason of the claimants contributory
negligence – e.g. not wearing a seatbelt = 25% reduction
- Jackson v murray (2015) – secondary school girl getting off a bus murray driving
under the speed limit the girl walks out and gets hit originally reduced by 10% and he
appealed and then it was reduced further and eventually it was decided that it was
50/50
- Nettleship v western (1971) –western learner driver crashes and crushes the
teachers knee but she said the teacher should have intervened so it was reduced.
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