From my lecture notes, here are carefully set out notes to do with the Law of Tort. It consists of case laws, clear separated sub sections and consists of some of the main topics covered from an LLB course: Negligence, duty of care, occupiers liability, defamation, causation and so much more.
What is Tort?
- A civil wrong
- An action that affects another person
- A wrong
- A branch of civil law which is part of common law based on jurisprudence.
- It compensates A for the wrong of B has done to them by way of damages (financial
compensation) or injunction (Order of law that makes you do something.)
Categories of Tort:
- Intentional Tort: A person deliberately takes an action that injures another person or their
property. (Assault, battery, false imprisonment or trespass.)
- Unintentional Tort: Person recklessly does something that injures another person or their
property (negligence.)
- Strict Liability Torts: No fault liability – the law affixes liability once the victim shows that
they suffered an injury consequent upon the tortfeasor’s action. (Product defectiveness
cases.)
Protectable Interests in Tort Law:
- Not every conceivable interest is protected by tort law.
- You might suffer a wrong and yet not have a remedy at law if it is not a legal wrong.
- An interest must be recognised by the law of tort to succeed in a claim.
Protectable Interests:
1. Personal Security of body and the mind: Defamation, assault, negligence.
2. Propriety Interests: Nuisance and Trespass
3. Economic interests: Negligent misplacement/misinterpretation leading to loss.
Tort: Civil wrong V Crime:
- Civil Wrongs: Actionable (victim can take to court) at the victim’s instance (e.g) someone
committing adultery.
- Crimes: Actionable at the instance of the state (e.g) exceeding speed limit, murder, robbery.
- Both civil and criminal: A punches B (criminal assault, tort, battery.)
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 mbk_2004. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.57. You're not tied to anything after your purchase.
