Lecture notes
Exam/Revision Notes for Tort Module (University of Law)
- Module
- Tort (GDL)
- Institution
- University Of Law (ULaw)
Full revision notes used for the GDL Tort open book exam.
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Neha Vohra - 2021Tort Law
Topics
• Introduction to tort
• Introduction to negligence; duty of care; breach of duty
• Causation; defences; contribution
• Economic loss and psychiatric harm
• Remedies in tort
• Special liability regimes: employer’s liability
• Special liability regimes: occupier’s liability
• Special liability regimes
• Special liability regimes: breach of statutory duty
• Land
, Neha Vohra - 2021
Important#things to remember:
• Children under 18 can sue or be sued but will
conduct litigation through a “litigation friend”
→ usually their patents or guardian (however,
parents will not be liable for damages so usually
pointless to sue a child
• Limitation Act 1980 → statutory limitation
period for which a tort claim can be made
➔ Usually, 6 years from when cause of
action arises
➔ Personal injury claims normally 3 years
, Neha Vohra - 2021
Structure for answering tort problem question
Trespass to the person
BATTERY ASSAULT OTHER INTENTIONAL
HARM
Step 1: Identify all
possible claimants
(first) and
defendants (second)
Step 2: Identify the Identify what happened to Identify what happened to Claimant must suffer a
the claimant the claimant medically recognised
nature of loss for illness or injury
each potential
claimant – what Actionable per se Actionable per se Not actionable per se
harm?
Step 3: Consider Battery = intentional Assault = intentional act Other intentional harm
direct application of by which defendant
which torts are unlawful force on another causes another person to
relevant – define it person reasonably apprehend the
immediate infliction of a
battery upon him
Step 4: Explain the Wilson v Pringle: unlawful R v Ireland: words alone Rhodes v IPO
seems to mean that it is can constitute an assault (reformulated Wilkinson v
elements of the “socially unacceptable” Downton):
relevant tort(s) Tuberville v Savage: 1. Conduct element
which C must prove Direct application: must words can ‘negative’ an words or conduct
flow almost immediately assault directed at claimant -
and without intervention no justification or
from their actions excuse
- No need for 2. Mental element
physical contact intention to cause at
least severe mental or
Can flow from use of a emotional distress
medium controlled by 3. Consequence element
defendant physical harm or
recognised psychiatric
illness
Step 5: Apply the APPLY TO FACTS
law for the relevant
tort(s) to the facts
of the case,
discussing any
particular issues
which might arise
, Neha Vohra - 2021
Step 6: Causation Claimant must prove that the defendant's tort has 'caused' his loss and that the loss
is not 'too remote'
and remoteness
Step 7: Identify any Consent: claimant expressly or impliedly consents to the defendant's act then the
defendant will not be liable in trespass to the person
arguable defences - e.g. surgical operation, participants in sport involving physical contact within
and discuss in rules of game
relation to facts Condon v Basi: consent to conduct which may fall outside the rules of the game but
is nonetheless within the spirit of the particular conduct
Chatterton v Gerson: ‘real’ consent is valid
- cannot be induced by misrepresentation
- disclosure of all risks and nature of conduct/procedure is required
Lawful arrest: police officer can lawfully arrest someone pursuant to a valid warrant
provided the officer only uses reasonable force
Defence of the person: assault and or battery can be justified by the defence of self-
defence or defence of another
Cockcroft v Smith: self-defence → force must be used in self-defence and not as an
act of retaliation, must be reasonable, must be proportionate
Defence of property: May take reasonable steps to defend his property (e.g. Ejecting
a trespasser)
Green v Goddard: this might mean asking them to leave first
Contributory negligence: such as when the claimant 'provoked' the defendant in
some way into committing a trespass
Co-operative Group Ltd v. Pritchard [2011] --> contributory negligence is NEVER a
defence to claims of trespass to the person
Step 8: Reach a
conclusion if
possible, on
whether the
defendants will be
liable
Step 9: Consider
what the possible
remedies are
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