Concise Tort Law study guide/revision notes covering all content you would need to achieve a high Distinction grade; I achieved 75% using these notes.
The notes were written using the official ULaw 'points to note' and from workshops/lectures ( materials). They contain all of the important cases...
Notes created using ULaw materials for the purpose of assisting existing ULaw GDL students in ULaw GDL exams only. They are
intended to be used as a supplemental tool to aid revision in conjunction with ULaw materials, not as a replacement for them.
GENERAL ADVICE
Identify C and D
Identify nature of harm suffered
Consider which torts may be relevant
DEFINE torts
Apply the elements of that tort
Consider defences
Conclude on liability
Consider remedies
How are damages assessed
Preliminaries:
Use clear headings eg X v Y
Deal with each cause of action separately
State the general picture eg X can consider suing Y in the tort of [ ] for [type of harm]
Define the tort
Do not speculate/invent facts
If there are gaps in the facts, say if this…then…, but if not…then… - to show you are aware of the law
• Where a child is the C, he will sue through a litigation friend
• Where a child is the D he will defend through a litigation friend in principle a minor can be a D but it is
unlikely that he would be worth suing as he would not have funds to pay the damages.
Type of harm Legal redress Relevant tort
Intentional physical injury Yes Battery
Intentional physical conduct causing no physical injury Yes Battery → actionable per se
Intentionally created fear of physical injury Yes Assault → actionable per se
Accidental physical injury Yes Negligence
Accidental psychiatric injury Yes Negligence
Grief caused by death of friend No Normal grief not protected
Anger at a delay caused by a road accident No Anger not protected
Damage to reputation Yes Defamation
Invasion of privacy No Privacy is not directly protected
Annoyance caused by neighbours Yes Private nuisance
Damage to property Yes Negligence; Private nuisance;
Trespass to land
Financial loss Yes Negligence; Defamation
, TORT OF TRESPASS TO THE PERSON
STEP 1: state – C may sue D in the tort of trespass to the person for [insert conduct]
Name C and D
Identify the nature of the harm suffered → be specific about how caused
Both assault and battery are actionable per se, so there is no need to prove physical harm
STEP 2: define the relevant tort – assault or battery
ASSAULT =
Intentional act by D
Causing C to reasonably apprehend
The immediate and direct infliction of unlawful force (battery) on his/her person
• Intentional act
o Intentional conduct is essential, if not, relevant tort is negligence: Letang v Cooper
o WORDS, as well as actions, may constitute an assault: R v Ireland
o BUT conditional threats negate an assault: Tuberville v Savage
o D must intend C to reasonably apprehend the immediate infliction of unlawful force: Bici v MoD
o The threat does not need to be carried out
• Immediate = within a minute or so: Ireland
BATTERY = if there is battery there will be assault too eg the moment before the battery
Intentional application
Of unlawful force to another person
Which Is direct and immediate
• Intentional = D must intend only his actions, not the consequences: Wilson v Pringle
• Direct = force must flow almost immediately and without intervention from D’s actions
• Application of force =
o Physical contact not necessary
o Can be through a medium if it is controlled by D and the force flows from its use without intervention
• Unlawful force = physical contact which is generally acceptable in the ordinary contact of everyday life is
not unlawful: W Berkshire Health Authority
If no assault/battery, look at → WILKINSON V DOWNTON = intentional psychiatric harm
D played joke telling C her husband was severely injured → C suffered trauma/shock ie no assault or battery
→ Established a separate tort, in cases where D intends to cause shock to C, leading to tangible damage
Need all 3 of the following elements: Rhodes v OPO
Conduct element Words or conduct directed at C for which there was no justification/excuse
Mental element Intention to cause at least severe mental/emotional distress
Consequence element Physical harm/recognised psychiatric illness: Wainwright → not actionable per se
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 GDLandLPC. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.23. You're not tied to anything after your purchase.
