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tort law llb lecture notes
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TORTKey terms
Breach of duty – the act of breaking the law or a duty, agreement, relationship, or promise
Burden of proof – in civil claims is on the balance of probabilities. In negligence claim the claimant
has the burden of proof to prove the elements of the negligence claim (such as existence and breach
by the defendant of a duty of care causing damage to the claimant)
Claimant – person who makes a civil claim
Consequential economical loss – consequential economic losses are financial losses suffered as a
result of physical damage
CPA 1987 – consumer protection act 1987
CRA 2015 – consumer rights act 2015
DA 2013 – defamation act 2013
FAA 1976 – fatal accidents act 1976
Defendant – person who is accused of committing a tort
Duty of care – legal duty imposed on a person to take reasonable care in all the circumstances to
avoid causing harm to another person. Relevant to negligence
Liability – persons legal responsibility for their acts or omissions
LR(CN)A 1945 – law reform (contributory negligence) act 1945
LR(MP)A 1934 – law reform (miscellaneous provisions) act 1934
MA 1967 – misrepresentation act 1967
Negligence – breach (or omission) of a legal duty to take care which results in undesired injury or
harm to the claimant by the defendant
OLA 1957 – occupiers liability act 1957
Omission – failure to act or to do something (remember this being contracted with commission,
which would be an act)
Pace – police and criminal evidence act 1984
PFHA – protection from harassment act 1997
Primary victim – person who suffers psychiatric injury or harm as result of being directly involved in
an incident. The claimant need not have suffered any physical injury but must have either been in
danger or reasonably believed that they were in danger
Pure economic loss – financial loss which not sustained in consequence of damage to the claimant or
claimants property
Reasonable man – hypothetical reasonable person, who is prudent and takes into account ordinary
considerations. Applying certain legal tests the court may consider how a reasonable man would
have behaved. This is an objective test
, TORT
Remoteness – damage suffered by the claimant must not be too remote – the consequence of the
defendants actions must not been so far removed that they where unforeseeable
RES ISPA LOQUITUR – concept concerning proof, latin for ‘the thing speaks for itelf’. in the absence
of any direct evidence as to what actually happened certain matters can be inferred from the
surrounding events in support of a negligence claim.
Secondary victim – person who suffers psychiatric harm as result of seeing or hearing about
something that has happened to someone else
Tort – civil wring that leads to an injury or damage to another person or property
UCTA – unfair contract terms act 1977
Vicarious liability – where party is liable for the unlawful actions of a third party. Contrast this with
primary liability, where a party is liable for their own unlawful actions
, TORT
What is tort
- Protects against a range of civil wrongs
- Umbrella term for various different causes of action
- Wide ranging
- Each individual tort aims to protect a particular social or legal interest and each has its own
characteristics and own legal tests for potential claimants to meet
Peter cane
- ‘system of precepts about how people may, ought and ought not to behave in their dealings
with others’
Street on torts (14th ed)
- ‘… that branch of the civil law relating to obligations imposed by the operation of law on all
natural and artificial persons’
Tort law term used to describe a variety of duties that all people owe to one another
Interest Relevant torts
Personal injury - Trespass to the person
- Negligence
- Occupies liability
- Employers liability
- Product liability
- Statutory harassment claims
Reputation - Defamation
- Breach of confidence
Use of land - Trespass to land
- Nuisance
- Statutort harassment claims
- Negligence
Privacy - Invasion of privacy
- Breach of confidence
- Statutory harassment claims
- Trespass to land
- Nuisance
- Negligence
Damage to property - Negligence
- Occupiers liability
- Product liability
- Employers liability
- Trespass to land
- Nuisance
Financial loss - Negligence
- Product liability
- Defamation
- Nuisance
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