University of London- Laws

Law of Tort Basic Legal Concepts

1. Negligence: the basic principles A. Structure of the tort 1. 2. 3. 4. 5. 6. duty of care breach cause damage remoteness compensation

B. Duty of Care: 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. the neighbour principle the narrow rule in Donoghue v Stevenson broad principle of liability the current test in Caparo foresight proximity fairness alternative test: assumption of responsibility duty at abstract level duty on third party duty of lawyers duty of care to unborn children congenital disabilities scope of the duty of care

C. Breach of Duty: 21. 22. 23. 24. 25. 26. 27. 28. 29. breach of standard of care reasonable and prudent man the standard of foresight objective test of reasonableness judicial discretion defendants with special skills/qualifications reasonable person of the same specialism and status a body of respectable medical opinion Bolam test 1

30. 31. 32. 33. 34. 35. 36.

failure to give sufficient warning liability of children: standards of a reasonable child of that age indulgence towards high spirits and horseplay incompetent defendants eliminating harm proportionate to danger proving the breach of duty res ipsa loquitor (facts speaks for themselves)

D. Causation 37. causation 38. the but for test 39. doubt as to otherwise 40. damages for loss of chance 41. two separate causes of the same damage 42. uncertainty of the facts E. Remoteness of Damage 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. remoteness direct consequence foreseeable consequence acceptable test amount of foreseeability the egg-shell skull rule financial weakness Novus actus interveniens intervening criminal conduct intervening negligent conduct intervening conduct of claimant

F. Pure-economic loss: 54. pure-economic loss 55. consequential economic loss 56. negligent misstatement 57. giving serious advice 58. assumption of responsibility 59. nature of the relationship 60. addressee of the misstatement 61. exclusion of liability 62. performance of a service 63. damage to anothers property 64. defective buildings and chattels G. Psychatric injury/ nervous shock

65. 66. 67. 68. 69. 70. 71. 72. 73.

Psychatric injury control devices primary victims secondary victims Rescue cases employees participation in the event damage to responsibility assumption of responsibility

H. Liability for omissions 74. 75. 76. 77. 78. 79. 80. 81. 82. I. contrary views omission as part of ongoing physical activity relationship that involves positive duties defendant thrust into a position to take some action assumption of responsibility content of the duty breach and causation voluntary assumption of duty defendant acting under statutory powers

Inspectors and regulators 83. inspecting, supervising, regulatory and licensing 84. public bodies 85. bodies with strong public element 86. bodies with similar characteristics 87. reluctance of the common law approach 88. worsening by intervention 89. assumption of responsibility towards particular claimants 90. direct intervention 91. suffering of personal injury by claimants 92. impact of the HR and ECHR 93. social workers 94. police/ prosecuting authorities 95. firefighters 96. ambulances 97. coast guards 98. sports authorities 99. rescuers- no general duty 100. damage for rescuers for physical injury

2. Occupiers liability

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20.

Lawful v non-lawful visitors injuring resulting from the state of the premises occupation of premises sufficient control of the premises implied/ explicit permission/ invitation common law/ statutory right of entry common duty of car children trade visitors warnings independent contractors contributory negligence volenti exclusion of liability restriction of excluding liability clear notice cannot exclude from law Unfair Contract Terms liability for trespassers acting with common humanity

3. Liability of Manufacturers 1. narrow rule in Donoghue v Stevenson 4. Liability of Employers 1. action in negligence 2. action for breach of statutory duties 3. vicarious liability 4. non-delegable duty 5. stress related case

Intentional Injuries to the person:

1. 2. 3. 4. 5. 6. 7. trespass to the person assault battery false imprisonment actionable per se autonomy and bodily integrity suing in trespass or in case

A. Assault 8. intentional causing 9. apprehension 10. application of unlawful force 11. actual contact 12. claimants state of mind 13. omissions 14. words B. Battery 15. intentional and direct application of force 16. without lawful justification 17. force 18. act 19. battery by omission 20. voluntary conduct of D 21. intention 22. subjective recklessness 23. ordinary touching 24. hostile touching 25. mistaken belief C. False imprisonment: 1. intentional deprivation of Cs freedom of movement 2. particular place and any time 3. intentionally denied of freedom 4. lawful arrest 5. burden on the D to prove lawful arrest 6. actionable per se 7. complete restriction 8. no reasonable means of escape 9. direct restraint 10. claimants awareness

D. intentionally causing nervous shock 1. actual damage 2. wilful 3. act calculated to cause harm 4. infringement of right to personal safety 5. causing physical harm E. defences: Consent Implied consent Real consent Vitiation of consent obtained by fraud or duress capacity public policy self defence ( necessary, reasonable force) necessity (limited) provocation (no)

Defamation: A. Introduction: 1. protecting reputation 2. protection against attack to reputation 3. spoken attacks 4. written attacks 5. attacks incited by gestures/ conduct 6. libel (permanent) 7. slander (temporary) 8. libel actionable per se 9. proof of damage in slander 10. remoteness of damage 11. imputation of a criminal offence punishable by law 12. imputation of a contagious disease 13. imputation of unchastity or adultery by a female 14. imputation of unfitness or incompetence 15. judge and jury 16. who can claim? individuals, companies 17. individuals suing in the case of political parties, bodies B. Proving 18. the statement must be defamatory 19. statement refers to the claimant 20. has been published to a third part 21. presumed to be false unless proven otherwise C. defamatory 22. lowering the claimant 23. in the estimation of right thinking members of society 24. objective standard 25. judicial determination of whether the words are capable of being defamatory 26. jury decides if the words are defamatory 27. intention is no defence 28. innuendo: implied or direct attacks 29. true innuendo v. false innuendo 30. attack truly hidden in the absence of special facts/ circumstances 31. reasonable person governed by general knowledge can infer 32. natural and ordinary meaning of words 33. considering the statement in context D. referring to the claimant 34. ordinary reasonable person with knowledge of circumstances would recognise 35. no defence of unintentional defamation 36. group defamation and specific relation 7

E. Publication: 37. awareness of third parties 38. communication to the third parties 39. repeating and further publication leading to liability F. Defences 40. justification or truth 41. partial justification is not a defence 42. burden on the defendant to justify 43. fair comment 44. public interest 45. comment on true facts 46. honest and fair 47. privilege 48. absolute privilege 49. qualified privilege 50. desirable that freedom of speech is protected 51. duty/ interest in communicating the info to Y 52. corresponding interest in receiving information 53. qualified privilege under statute 54. innocent dissemination 55. unintentional defamation 56. consent 57. remedies 58. damages 59. injunctive relief

Vicarious liability 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. primary liability v. vicarious liability justification alleged tortfeasor is an employee employee commited tort in the course of employment employer-employee relationship salmond test HLs lister test close connection between acts and the jobs employees position

Defences: 11. 12. 13. 14. 15. 16. 17. Contributory negligence claimant has failed to take reasonable care apportionment consent Exclusion of liability agreement to take physical risks illegality

Damages: 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. placing the claimant in the original position based on loss awarded at once lump sump limited power to award provisional damages speculative calculation of damages pecuniary damages loss suffered calculating the loss multiplier method assumptions assumptions about future plans other sources expenditure incurred non-pecuniary damage structured settlements periodic payments effect of death on damages