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.)
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